Criminal cases differ from civil cases. At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial.

Case numbers must be entered in a specific format. For Civil, Family and Probate cases, start with the proper 3 or 4 case style prefix, the 2 digit year and the 6 or 7 digit sequence number. Case Numbers are up to 12 characters long without spaces, dashes or any other characters.


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Case numbers must be entered in a specific format. Traffic, Misdemeanor and Felony cases consist of 2 digits for the year, a 6 digit sequence number, a 2 letter Division identifier, 2 digit Location and a 1 or 2 letter Companion Designator. Case Numbers are 13 characters long without spaces, dashes or any other characters.

Defendants in criminal cases (other than infractions) have the right to have a jury of their peers decide their guilt or innocence. Therefore, before trial, defendants need to decide whether to have a jury trial (where the jury decides if the defendant is guilty or not) or a court trial (where the judge decides). Usually, defendants choose to have a jury trial because they want a jury of their peers to hear the evidence and decide their guilt. But sometimes there may be circumstances where a defense attorney will recommend a court trial without a jury.Everyone accused of a crime is legally presumed to be innocent until they are convicted, either by being proved guilty at a trial or by pleading guilty before trial. This means that it is the prosecutor who has to convince the jury that the defendant is guilty and must provide proof of guilt beyond a reasonable doubt. The defendant has the right to remain silent and that silence cannot be used against him or her.

For a jury trial for a misdemeanor case: The law says how soon a defendant charged with a misdemeanor must be brought to trial. (See section 1382 of the Penal Code).If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later.


If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later.


Keep in mind that the appeal is not a new trial. The appellate court can review the evidence (testimony and exhibits) presented at your trial to see if the trial court made a legal error in how the testimony or exhibits were received. The appellate court does NOT decide the facts of the case as the judge or jury in the trial court does.

You can only appeal if:

If you say there was not enough evidence in your trial to justify the judgment, the appellate court will review the record and decide if there was substantial evidence to support the judgment. If you say mistakes of law were made, the appellate court will hold a hearing to listen to both parties. Then they will decide if there was any irregularity or mistake that prejudiced (hurt) your case.


In addition to appealing after a trial, there are other situations when you can file an appeal, like appealing the validity of a plea or probation violations. Talk to your lawyer to learn more about your options to appeal.

In North Carolina, the district attorney for each district is responsible for prosecuting all criminal cases (and infractions, discussed below). In civil cases, the party who filed the case is responsible for pursuing it, and the parties must obtain their own attorneys, unless they plan to represent themselves in court.

Yes. If someone is injured or their property is damaged due to a crime, that person also might sue the person who committed the crime. This civil lawsuit usually is intended for the victim to get money to make up for their loss and is a separate case from the criminal charge. See the Lawsuits Help Topic for more information. Additionally, victims of certain crimes like domestic violence, sexual assault, or stalking can file for civil orders requiring the defendant to stay away and have no contact with them. See the Domestic Violence Help Topic for more information.

Law enforcement arrest reports and investigative reports are kept by the investigating law enforcement agencies. You can request a copy of a police report from a law enforcement agency that investigated or otherwise was involved in the case. However, the complete report might not be a public record and might not be available, except under the rules for discovery in some criminal cases.

North Carolina divides its trial court system into two levels: District Court and Superior Court. The two courts generally are located in the same courthouse in each county, but they have different judges and hear different types of cases. Misdemeanors and infractions are handled primarily in District Court before a judge, but a defendant convicted of a misdemeanor in District Court can appeal to Superior Court for a new trial. Felony cases often begin in District Court for pretrial matters, and some less serious felony cases can be resolved in District Court by a plea of guilty, but more serious felonies - and all felony trials - are resolved in Superior Court.

The exact procedures for a particular case will vary, depending on factors like whether the offense charged is a crime or infraction, a felony or misdemeanor, and whether or not the defendant was arrested or just summoned or cited to appear in court, among others. Defendants with questions about how their cases are likely to proceed should consult with their attorneys for advice.

In some cases (usually for charges of impaired driving), your conditions of release might prohibit you from consuming alcohol while the case is pending. In those cases, you might be required to wear a different type of monitoring device that monitors your body chemistry and detects the consumption of alcohol to ensure compliance with that condition of release.

The state can get a money judgment against you for the total amount of the fee determined by the judge. See the Lawsuits Help Topic for more information about this process. This does not affect your right to a court-appointed attorney in another criminal case.

You can request a court-appointed attorney at any stage of the case, especially if your financial situation has changed. However, the judge is not required to appoint an attorney for you later in the case if you initially turn down a court-appointed attorney and then change your mind.

Yes, but that might be unwise. If you choose to represent yourself, the court will expect you to follow the same rules of evidence and procedure as a licensed attorney. Court officials like judges and clerks of court cannot help you with your case, such as by giving you legal advice about your rights and obligations, possible defenses, or the likely outcome of your case, or by helping you question witnesses properly at trial.

Note: This section is about court dates and scheduling in criminal and infraction cases, only. For general advice about how to prepare for court and what to expect on your court date, see the Going to Court Help Topic.

No, you cannot have a conversation with the judge about the facts of your case. Neither you, your attorney, nor the prosecutor can talk to the judge about your case, unless all parties are present. If you choose to have a trial, you can present your case to the judge during the trial.

You can only talk to the prosecutor if you do not have an attorney representing you. If you have an attorney, the prosecutor generally is not allowed to speak to you without your attorney present, so your attorney will talk to the prosecutor for you. The prosecutor represents the other side of your case and therefore cannot give you legal advice and can use your statements against you.

If you plead guilty to a criminal offense - a misdemeanor or felony - that counts as a conviction of the crime and it will appear on your criminal record. However, if you admit guilt as part of a deferral agreement or conditional discharge, as discussed above, and you satisfy all of the conditions, the charge eventually will be dismissed, and there will not be a conviction.

If you plead or are found responsible for only an infraction, which is a non-criminal violation, that is not a criminal conviction, but there might be other consequences. For example, being found responsible for a motor vehicle infraction might result in a suspension of your drivers license by the Division of Motor Vehicles or an increase in your car insurance premiums.

In some cases, the prosecutor and defendant agree on a sentence, which is included in the plea agreement. In other cases, there is no agreement, and the judge decides on the sentence only after the defendant pleads guilty or is convicted at trial. Judges must sentence defendants according to the sentencing laws that apply to each offense, which provide for a range of possible sentences, including fines, probation, and jail or prison time. Defendants may be required to pay additional money, such as for court costs and restitution to a victim. The sentencing options that apply to your case depend on the severity of the offense (with some significant differences between felonies and misdemeanors) and your prior criminal record. You can find the current sentencing charts for most criminal offenses here. Special sentencing rules apply to impaired driving cases.

If you are found guilty or responsible for an offense and required to pay a fine, court costs, or other monetary obligations, you should have the money ready to pay. Note that there is an additional, one-time fee added to cases for which the total monetary obligations are not paid on the date of conviction.

Yes, a judge can appoint the Appellate Defender to represent defendants who are unable to pay for an attorney in appellate cases. Your appellate attorney will generally not be the same attorney who represented you in District or Superior Court. If your appeal is unsuccessful, you will be required to pay the hourly rate for your court-appointed appellate attorney. ff782bc1db

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