The Clock On Your Case
G.S. 15A-711 — a prisoner's written request, and six months or the charges are dismissed
This clock runs only for a person already serving a prison term in the state who has charges pending elsewhere in it. It is the one the statute gives that person, and it starts with a written request.
Six months. A defendant confined in a North Carolina institution with other charges pending may, by written request filed with the clerk of the court where those charges are pending and served on the prosecutor, require the prosecutor to proceed. If the prosecutor does not seek the defendant's temporary release for trial within six months from the filing, the charges must be dismissed.
The notice on the detainer. When a detainer is lodged against a person already imprisoned, it contains notice of the right to make that request.
The constitutional right to a speedy trial runs alongside the statute and is decided on different terms; court rules, and the interstate agreement on detainers for charges in another state, are not on this page. Counting the days in a particular case, and what tolls them, is a question for a licensed North Carolina attorney.
Sources for this section (1)
- G.S. 15A-711 — Securing attendance of criminal defendants confined in institutions within the State; requiring prosecutor to proceed
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.