Court time - Criminal Law

Understanding that cases will often be continued is one of the more difficult things for individuals unfamiliar with the court system to grasp. There are many reasons, but rest assured, the case will come to a close. 

When it does, you want a trial lawyer next to you who helped you anticipate, and prepared you, for every crazy step in the process. That’s what we do here at Remington Law Firm.

If you’re charged with felonies and your case is still in District Court, it is almost a guarantee that you will receive continuance until such time as your case is indicted. Some cases can now be pled in District Court and that will be something you and your attorney discuss. Please understand, although the District Attorney's office is offering you a plea bargain, you are not legally entitled to your evidence yet and you may be asked to make a difficult decision that is heavily dependent upon how much you've shared with your attorney. 

Felonies must be indicted by a grand jury to reach Superior Court unless you consent to Superior Court’s jurisdiction or you waive probable cause. There are times when this will happen, but it is not often and not worth a great deal of discussion since most cases go the normal route of a grand jury finding the probable cause that gives Superior Court its jurisdiction. If you ever check your court date and notice that your case is now in Superior Court, that indicates that the case has been indicted.

If your case is a misdemeanor that will remain in District Court, the case is not always assured to be continued. 

Reasons for continuances often are; awaiting evidence or a report, a witness or witnesses are not present, officer is out for some reason, or because you wanted a continuance to get yourself into a better position for trial or for a plea. Once the case is set for trial by both parties though, chances increase greatly that it will be tried on the next court date. 

Whether in Superior Court or District Court, a trial is a serious matter. 

Any homework given to you by your attorney should be done such as witness info provided or physical evidence brought to court (such as records, text messages, etc),. You should dress appropriately for court so as you feel like yourself but your clothing is clean, untorn, covers your whole body, and is respectful. Lastly, be on time - nothing starts a trial off on the wrong foot than the defendant not being present.

The State of North Carolina is required by law to prove its case “beyond a reasonable doubt.” 

The primary differences between a Superior Court trial and District Court trial are; 

1. There is no jury in District Court so the judge is both the one who determines what law is applied and the person who renders the verdict, and 
2. A verdict in Superior Court must be appealed ONLY on the law while a verdict in District Court can be appealed.de novo, meaning that the facts and the law can be tried in Superior Court with no regard to what happened in District Court.