NC · jury_instructions
N.C.P.I.—Crim. 255.02
MISDEMEANOR WILLFUL FAILURE TO APPEAR. MISDEMEANOR.
The defendant has been charged with willful failure to appear.
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt:
First, that the defendant was released from lawful custody [while
awaiting trial for the charges against him].
Second, that the defendant had been ordered to appear before [(name
court)] [(name judicial officer)] on (name date) at (name time) to (describe
purpose of proceedings).
Third, that the defendant did not appear as ordered.
And Fourth, that the defendant's failure to appear was willful, that is
intentional and without justification.
If you find from the evidence beyond a reasonable doubt that the
defendant was released from lawful custody while awaiting trial for the
charges against him, and that the defendant was ordered to appear before
[(name court)] [(name judicial officer)] on (name date) at (name time) to
(describe purpose of proceedings), and that the defendant willfully failed to
appear as ordered, it would be your duty to return a verdict of guilty. If you
do not so find, or have a reasonable doubt as to one or more of these
things, it would be your duty to return a verdict of not guilty.
History
N.C.P.I.—Crim. 255.02 (Replacement December 2000). N.C. Gen. Stat. § 15A-543. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
cdc3acc89df38f9e13612eaae6c38f4ad53559f49539731724f8c270dfd3b0e5
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