Carolina Criminal & DUI Lawyer Blog
When is my court date?
Scheduling criminal cases in North Carolina regularly involves a complex balancing of interests, especially when matters concern public figures and substantial pretrial media coverage.
Indeed, it is a fair question to ask whether the Hardy Jury Trial was scheduled to be heard in front of older domestic violence charges in Charlotte. The answer is most certainly: Yes. Does that mean the District Attorney improperly exercised his calendaring discretion: No.
The Courts within the 26th Judicial District (Charlotte-Metro Region including the City of Charlotte, Davidson, Pineville, Matthews, Huntersville, and Cornelius) have traditionally been burdened with staggering caseloads and limited resources. Whether that remains the case today is subject to dispute.
Find Out Your Court Date Here
There are only so many days in a year to try criminal charges in court. That’s true for both a misdemeanor or felony allegation. And there are only so many courtrooms, clerks of court, judges, prosecutors, defense attorneys, juries and deputies all available at precisely the same time to try cases.
According to 2014 Census estimates, Mecklenburg County was the largest county by population in North Carolina with 1,012,539 residents. Wake County followed as a close second with 998,691. As such, it makes sense that Mecklenburg County has set forth Local Rules regarding Calendaring Criminal Matters.
Without question, the Hardy Jury Trial was bumped to the front of the line. It was heard #1 in a common practice attorneys refer to as a Preemptory Setting: “[T]o take the place of because of priorities, reconsideration, rescheduling, etc.; supplant.”
While some may complain of preferential treatment, there are legitimate reasons outside the NFL and Carolina Panthers Win / Loss metrics that would necessitate such a process. In fact, everyone concerned with the matter likely had some role in scheduling.
The Defendant, the alleged victim, the Court, the criminal lawyers, the prosecutors, and the Trial Court Administrator all likely had some level of input in selecting an expedited trial date.
Generally speaking, Misdemeanor Criminal cases begin in District Court and are tried without a jury. At such a trial setting, the District Court Judge makes rulings of law and also acts as a de facto jury of twelve, determining guilt or innocence in a criminal matter.
Having the Judge serve both as Judge and Jury may sound a bit unusual. That’s why the accused is given another “De Novo” or “anew, afresh” trial in North Carolina. At that trial, the matter will be heard before a different Superior Court Judge, who makes decisions of Law, and a jury, who determines whether you’re found “Guilty” or “Not Guilty.”
If the Defendant is found “Not Guilty” by the District Court Judge, the case ends. The State is not given an appeal. That is different from a District Court Judge granting a “pre-trial motion” on certain legal issues. Frankly, it’s a complicated legal process that is subject to consistent argument in the Trial Courts and Courts of Appeal in North Carolina.
The North Carolina Supreme Court defined an Appeal de novo as, “It is a new trial as a matter of absolute right from the beginning to the end. It totally disregards the plea, trial, verdict, and judgment of the District Court.” North Carolina v. Brooks, 287 N.C. 392 (1975).
If the District Court Judge finds the Defendant Guilty, as a Matter of Right you may appeal “De Novo” to Superior Court. That is what has happened thus far in Mr. Hardy’s matter. He was found guilty by a District Court Judge and has now appealed to Superior Court for trial.
The bifurcated trial process of Criminal Misdemeanors in North Carolina can be both complicated and confusing at times. There are subtle distinctions between the types of cases, the standards of practice in particular jurisdictions and the availability of courtroom space.