How Court Works in North Carolina

One should not assume the allegations are less serious simply because a Criminal Summons was issued instead of a Warrant for Arrest.

Both a Criminal Summons and a Warrant for Arrest result in the formal filing of criminal charges in North Carolina. The method of notification does not reflect the seriousness of the alleged offense.

What Happens if I Missed Court?

Once in court, defendants may go through several stages, including:

1. First Appearance: This initial hearing informs the defendant of the charges and their rights. For felonies, a probable cause hearing may be scheduled.
2. Probable Cause Hearing: In felony cases, this hearing determines if there's enough evidence to proceed to Superior Court. The matter may also be referred to the Grand Jury for consideration of probable cause and possible Indictment.
3. Arraignment: The formal reading of charges where the defendant enters a plea.
4. Pretrial Conferences: Meetings between prosecutors and defense attorneys to discuss potential plea agreements or trial preparation.
5. Trial: The formal presentation of evidence and arguments before a judge (in District Court) or jury (typically in Superior Court).
6. Sentencing: If convicted, the judge determines the appropriate punishment based on sentencing guidelines and other factors.

Throughout this process, defendants have various rights, including the right to counsel, the right to remain silent, and the right to confront and cross-examine the prosecuting witness(es).

The State must prove guilt beyond a reasonable doubt for a conviction to occur.

North Carolina's criminal laws encompass various offenses, each categorized (“classified”) based on severity.

These classes are important in determining how a case is processed through the court system and the potential consequences for convicted individuals.

Who Decides Whether You Get Charged?

Felonies: At the top of the severity scale are felonies, which are generally the most serious criminal offenses.

Felonies in North Carolina are classified into ten classes, ranging from Class A (the most severe) to Class I (the least severe among felonies).

Examples of felonies include homicide and murder, robbery, sexual battery and sex offenses, felony theft crimes and burglary, and felony drug crimes and trafficking of controlled substances.

The classification system allows for a nuanced approach to sentencing, taking into account factors such as the specific nature of the crime, the defendant's prior criminal record, and any aggravating or mitigating circumstances.

Misdemeanors: Ordinarily less serious than felonies, misdemeanors can still carry significant penalties and long term consequences.

North Carolina classifies misdemeanors into four categories: Class A1, Class 1, Class 2, and Class 3, with Class A1 being the most serious.

Common misdemeanors include simple assault, shoplifting and unlawful concealment, disorderly conduct, and driving while impaired (DUI - DWI).

Infractions: At the lowest level of offense severity are infractions.

These are non-criminal violations of the law, often related to traffic or regulatory matters.

Infractions are typically punishable by fines and do not result in jail time.

Common examples include certain low-level traffic tickets, city code and/or ordinance violations.

While infractions don't carry the same weight as criminal offenses, they can still have consequences.

North Carolina's court system is designed to handle different types of cases efficiently while ensuring due process.

The system is primarily divided into two levels: District Courts and Superior Courts.

District Courts: These courts serve as the first level of the state's court system and handle a wide range of cases.

In criminal matters, District Courts primarily deal with misdemeanors and infractions.

All trials in District Court are bench trials, meaning they are heard and decided by a judge without a jury.

What Does Burden of Proof Mean?

District Courts also handle preliminary hearings for felony cases, determining if there is probable cause to send the case to Superior Court.

Additionally, District Courts have jurisdiction over juvenile court matters, misdemeanor domestic violence charges, DVPO - Domestic Violence Protective Orders, and civil cases below a certain monetary threshold.

Superior Courts: These courts handle more serious criminal matters, primarily felonies and misdemeanor appeals.

Unlike District Courts, trials in Superior Court are typically jury trials, although defendants have the option to waive this right and opt for a bench trial in certain circumstances.

Superior Courts also hear de novo ("anew" or "afresh") appeals from District Court decisions, providing a second level of review for misdemeanor convictions.

In some cases, particularly serious juvenile matters may be transferred to Superior Court if the alleged offense would be a felony if committed by an adult.

North Carolina's criminal justice system is a multifaceted framework that balances tradition with modern legal practices. The system reflects the state's rich legal history, from its roots in English common law to its current blend of statutory offenses and court-recognized crimes. The two-tiered court structure efficiently manages a wide range of criminal matters, while mechanisms like probation and post-release supervision aim to rehabilitate offenders and reduce recidivism.

Key players such as District Attorneys, defense attorneys, and judges each fulfill important roles in ensuring justice is served. However, it's important to remember that navigating this system can be challenging for those unfamiliar with its intricacies. Whether facing a criminal summons or a warrant for arrest, understanding one's rights and responsibilities is important.

As the system continues to evolve, with shifts in terminology and procedures, it remains focused on its core mission: maintaining public safety while upholding the rights of all parties involved. For anyone interacting with North Carolina's criminal justice system, seeking professional legal counsel is not just advisable—it can be a vital aspect of helping ensure fair and just outcomes in the complex landscape of criminal law. Call the Powers Law Firm PA at 704-342-4357 for more information. You may also TEXT attorney Bill Powers at: 704-342-4357