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.
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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.
A motion for appropriate relief (MAR) is a request filed by a defendant asking a judge to undo a conviction or change a sentence. A judge can grant your MAR only if you can show legal grounds: for instance, that you received ineffective assistance of counsel or your sentence was not calculated according to the sentencing laws that applied to your case. You can view all of the possible grounds for a Motion for Appropriate Relief here.
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This search feature will allow users to search for judgments entered after both jury and non-jury trials. This feature does not provide a list of all jury and non-jury trials that have been conducted or all jury verdicts returned or accepted. For information on the number of trials or verdicts, please contact the court administrator's office.
Users may search for both jury and non-jury trial judgments by judgment date range, court, public image number, judgment type, or case number for Civil public non-Family cases only.
The player must locate relevant clues at crime scenes by clicking items in the scene. Greater scores are awarded for finishing the scene quickly; the player earns stars that can later be used as a type of currency for performing necessary tasks such as examining evidence and questioning suspects. During this process, the player will also come across necessary autopsies and analyses that may take a few real-life hours to complete. Furthermore, as the player progresses through each case, they acquire clues as to who the victim was, how they were killed, and what relation they had with the case's suspects. ff782bc1db
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