Who decides when your case goes to trial?
North Carolina prosecutors have considerable authority over the calendaring of criminal cases for trial. Arbitrary or tactically motivated calendaring decisions may be challenged as a violation of a defendant’s constitutional rights. Such decisions may also violate the statutory limitations on prosecutors’ calendaring authority in G.S. 7A-49.4.
What protections do individuals have regarding a speedy trial in North Carolina?
The Sixth Amendment to the United States Constitution and Article I, § 18 of the North Carolina Constitution guarantee a defendant a speedy trial. A defendant’s speedy trial right attaches upon arrest, indictment, or other formal accusation.
Determining whether a defendant’s constitutional right to a speedy trial has been violated involves balancing four factors: the […]
What is the Statute of Limitations (or time period) during which the State must prosecute or cannot pursue charges against you in North Carolina?
North Carolina has no statute of limitations for felonies but does have a two-year statute of limitations for misdemeanors. See G.S. 15-1. The statute of limitations begins to run on the date of the offense and continues to run until the issuance of an arrest warrant, indictment, or other criminal process.
What is “Due Process”?
The Due Process Clause of the Fifth and Fourteenth Amendments to the United States Constitution and Article I, § 19 of the North Carolina Constitution protect criminal defendants from excessive or unfair pre-accusation delay — that is, delay that occurs between the date of the offense and the initiation of prosecution by arrest, indictment, or […]
What happens if I do not go to court?
If you do not go to court on the date that you are supposed to appear, an Order for Arrest may be issued on that day. If you miss court, go to the Clerk’s Office immediately and explain the situation. You may be assigned another court date or you may not. Asking […]
What are my rights?
Anyone charged with a misdemeanor or felony has certain legal rights.
You have the right to remain silent. You do not have to say anything about the facts of your case. If you do, your statements can be used against you during your trial.
You have the right to hire an attorney to be present […]
What will my punishment be?
As your attorney, I will have discussed this matter at length with you. I will also have made arrangements with the Assistant District Attorney handling your case. You will understand what is happening and what to expect.
Your sentence or punishment could be any one of the following, or some combination of the following:
A […]
What happens when I stand before the judge?
There are three types of offenses with which you might be charged:
Infractions: An infraction carries a court cost and fine, as well as possible driver’s license and insurance points as the penalty. You cannot be sentenced to serve time in prison for an infraction.
Misdemeanors: A misdemeanor may require the payment of a court cost […]
What should I do when I am in court?
When you enter the courtroom sit close to the front. Do not talk in the courtroom.
When court starts, listen for your name to be called. Your name may be mispronounced so listen closely. If I represent you, when your name is called say, “Attorney” loudly and clearly. If your name is […]
What should I do before I go to court?
If you have children, find a babysitter.
Plan to stay at least three hours. If I represent you, please only leave after I tell you to do so. The courtroom will be crowded and it may be awhile before I am able to speak with you and the judge listens to your case.
Dress appropriately. […]