4.1 Prior to the Administrative setting the State shall send a written plea letter to defense counsel of record in every case. This written plea letter will contain one of the following: a negotiated plea offer, a notice that no negotiated plea offer will be made in a particular case, or a notice that the State designates a particular case as "exceptional".4.2 Prosecutors are encouraged to include within plea offers whether the defendant's punishment should be "active", "intermediate", or "community" when options exist. It is also certainly permissible for the prosecutor to specify within the plea agreement whether probation is recommended. The Court will also consider offers which specify even more details of the punishment.4.3 Defense counsel of record has a responsibility to promptly convey all plea offers to the defendant and consider it with him or her before the day of the next court appearance. The District Attorney's office is open to receiving information from defense counsel that could reasonably affect the plea offer or the ultimate decision as to whether to prosecute and encourages the communication of such information at the earliest possible stage of the proceeding.4.4 Except in these cases in which the defendant is in the custody of the Department of Correction or of another county or state, defense counsel shall respond to the State's negotiated plea offer no later than two weeks from the time it is received. If defense counsel fails to respond to a negotiated plea offer, the plea offer shall be deemed withdrawn.4.5 With the consent of the court, the parties may confer with the court regarding the terms of a negotiated plea offer.4.6 If either party discovers that it is unable to fulfill an understanding previously agreed upon in plea negotiations, that party shall give prompt notice to the Court and to the other party and shall take such other steps as may be appropriate to restore the parties to the positions they were in before the understanding or negotiated plea agreement was reached.4.7 If the District Attorney takes a dismissal outside of Court, the District Attorney shall notify the defendant or his/her counsel, if represented, of such action.4.8 The only persons allowed in the Superior court holding cells are Gaston County Deputy Sheriffs.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4
Amended effective 8/15/2022.