What Happens In a Criminal Case in North Carolina

Facing criminal charges can be a scary and overwhelming experience. If you have been charged with a crime in North Carolina, criminal proceedings for your case will differ depending on whether you were charged with a misdemeanor or a felony. Here we explain both processes and the importance of hiring an attorney to guide you through your case.

What Is a Criminal Case?

A criminal case is a lawsuit filed by the government against a person who allegedly violated a criminal law. In North Carolina, the district attorney for each judicial district files criminal charges against a defendant. The charges can be categorized as a misdemeanor or a felony.

Process for Misdemeanors and Infractions in North Carolina

A misdemeanor is considered a less serious crime where the maximum punishment is generally 150 in jail except for charges for DUI/DWI. Common penalties for misdemeanors include fines, a driver’s license suspension, or jail. However, each case is unique and the penalties you face may be different.

North Carolina also recognizes non-criminal violations called infractions. These are often traffic offenses where the only punishment is a fine and payment of court costs. Even though they are non-criminal violations, infractions are usually heard in criminal court and follow the same court procedures as a misdemeanor.

First Court Appearance

After you have been arrested and charged with a misdemeanor, you will have your first appearance in court. The charges will be read, and you will be asked to plead guilty or not guilty. The judge will also determine whether you can be released on your own recognizance or will need to post bond. You have the right to be represented by a lawyer at your first appearance. Similarly if you are indigent the judge can appoint a public defender or a court appointed lawyer to your case at your request.

If you hire a defense lawyer to fight the charges, you will enter a plea of not guilty and the court will schedule a trial date. Between court dates, your attorney may suggest negotiating a plea deal to avoid going to trial.

Pretrial Negotiations, Pleading, and Sentencing for Criminal Cases

When you hire a defense lawyer, they will independently investigate the charges against you and fight for dismissal of the case, a reduced charge, or a reduction in the severity of the penalties. This process of investigation and negotiation can take several months.

If you accept a plea agreement, you will enter a plea and be sentenced by the judge. If pretrial negotiations do not result in an acceptable resolution, or if you have decided to fight for an acquittal, your case will go to trial.

Trial Process for Misdemeanor Charges

If pretrial negotiations do not result in an acceptable resolution, or if you have decided to fight for an acquittal, your case will be scheduled for trial. At trial, the prosecutor must prove each and every element of the case, beyond a reasonable doubt. Generally most misdemeanor trials are in District Court. This means that your case will be decided by a judge and not a jury. If you are unsuccessful in District Court you can appeal your case to Superior Court where you can have a jury trial.

Criminal Proceedings for North Carolina Felony Charges

Felonies are more serious crimes that carry more severe punishments. In North Carolina, a felony conviction can result in more than one year in jail and loss of certain citizenship rights, like the right to vote and the right to bear arms.

North Carolina felony charges can be heard in the District Court or the Superior Court. When felony cases begin in District Court, you first have the opportunity to try to negotiate a plea bargain or request a probable cause hearing. Only Class H, and Class I felonies can be plead to in District Court. There is no right to a jury trial in District Court. If you wish to have your case heard by a jury, your case will be referred to Superior Court.

Arraignment in Criminal Cases

In North Carolina felony cases, your first court appearance is the arraignment. The judge will read the charges against you and advise you of your rights such as to remain silent and your right to counsel. Finally the judge will inform you of the potential penalties for conviction. Your case will be continued and you can request a probable cause hearing or a bond hearing. If your case is in District Court, you are not required to enter a plea at the Arraignment. If your case is in Superior Court, you will be asked how you plead.

Probable Cause Hearing

A probable cause hearing is a proceeding that will be heard before a district court judge. It is important to note that the rules of evidence are much less struct. Additionally the burden of proof is lower – requiring only a “fair probability” that a crime was committed and the defendant committed it. Unlike most court hearings reliable hearsay is allowed in probable cause hearings. All criminal trials have a burden of proof of "Beyond a Reasonable Doubt" this is the highest burden of proof in all courts. If you request a probable cause hearing your lawyer will cross-examine witnesses who might be called to testify against you at trial, and the judge will determine whether the police had probable cause to believe you committed a crime. You have the right to attend the probable cause hearing.

Pretrial Motions and Settlement Conferences

If the judge finds there was probable cause, the case will be moved to Superior Court. Your lawyer will independently investigate the charges against you and file motions challenging the factual and legal basis of the state’s evidence. Your lawyer will identify any mistakes in the investigation and argue why the case should be dismissed or the charges should be reduced. The judge will hear the evidence and make a ruling.

Criminal Trial Process for Felony Cases

If efforts to negotiate a successful resolution fail, your case will be set for trial. If you requested a jury trial, 12 people will be selected to hear your case. The prosecutor will present evidence they believe shows you are guilty. Your lawyer will refute that evidence and can present evidence on your behalf. In a criminal trial, the defendant does not need to prove anything. The burden is on the state to prove every element of its case, beyond a reasonable doubt. Once each side has presented their evidence and made closing arguments, the case will be given to the jury to decide your fate.

Stowe Law Firm Helps People With Criminal Cases in North Carolina

This is a general overview of the criminal process. Each phase of a North Carolina criminal case presents its own set of challenges. If you are facing criminal charges in North Carolina, you need a skilled and experienced criminal defense lawyer on your side who can explain the criminal process and protect your rights.

To discuss your situation and learn how we can help, contact Stowe Law Firm today to schedule a confidential consultation.