Three-Part Series: Criminal Case Processing in North Carolina, Part II – Misdemeanors

By the North Carolina Judicial Branch

Are you interested in understanding more about criminal court case processing in North Carolina? Courtesy of the North Carolina Judicial Branch, the Paralegal Division blog is publishing a three-part series the first three weeks of February. The series includes an overview of the following:

Part I: Infraction Case Processing

Part II: Misdemeanor Case Processing

Part III: Felony Case Processing

The information below provides a general overview of criminal processing in North Carolina. It is not a substitute for reviewing the specific requirements contained in the North Carolina General Statutes and the opinions of the North Carolina appellate courts. Please also be aware that procedural nuances may vary among North Carolina’s one hundred counties.

The Process

This week we will cover Part II: Misdemeanor Case Processing. We’ll begin with a visual representation of case processing.

Misdemeanor: A misdemeanor is a crime that is less serious than a felony.

Arrest: A law enforcement officer may arrest a defendant if the officer has probable cause to believe the person has committed or is committing a crime. Generally speaking, an officer has probable cause if the facts and circumstances are such that a reasonable person would believe the defendant has committed or is committing a crime. In some situations, the officer may arrest the defendant without an arrest warrant. In other situations, the officer will need to apply to a court official (usually a magistrate) for the issuance of a warrant for the defendant’s arrest.

Initial Appearance: Following the arrest, the defendant will make an initial appearance before a court official (usually a magistrate). The magistrate will advise the defendant of the charges against him or her and advise the defendant of his or her rights. If the officer made the arrest without a warrant, the magistrate will determine whether there was probable cause for the arrest. The magistrate must also set the conditions under which the defendant may be released from jail prior to trial.

No Indictment: Unlike felonies, misdemeanor charges are not submitted to a grand jury. The original criminal process document (e.g., the arrest warrant) serves as the State’s pleading in the case rather than the indictment that is used in Superior Court. The District Attorney may, however, file a “misdemeanor statement of charges.” This is a document signed by the District Attorney that charges the defendant with a misdemeanor. If the District Attorney files a misdemeanor statement of charges, it takes the place of the original criminal process document.

Motions: In misdemeanor cases, motions (e.g., a motion to prevent certain evidence from being introduced at trial) are typically made and ruled upon during the course of the trial rather than prior to trial.

Trial: Unless the defendant has pled guilty to the charged offense (or to another offense) pursuant to an agreement with the District Attorney, the defendant will stand trial on the misdemeanor charge in District Court. The trial has six main parts:

  • The opening statements by the District Attorney and the defendant’s attorney.
  • The presentation of evidence by the District Attorney. The District Attorney must prove beyond a reasonable doubt that the defendant is guilty of the misdemeanor.
  • The presentation of evidence by the defendant (although the defendant is not required to present evidence).
  • The closing statements by the attorneys.
  • The entry of a judgment by the judge. (Juries are not used for misdemeanor cases in District Court.)
  • The sentencing of the defendant if the judge found the defendant guilty.

Sentence: The sentence is the formal punishment ordered by the court following a conviction. In North Carolina, judges follow a “structured sentencing” process for misdemeanors.

Essentially, the judges rely on a grid (or chart) that determines a defendant’s sentence based on (1) the nature of the current offense, (2) the defendant’s prior criminal record and (3) certain aggravating and mitigating factors. The punishment may include imprisonment, probation, community service or fines (or some combination of these options), along with other sanctions and responsibilities.

Probation: Probation is a process by which a person convicted of a crime is allowed to avoid imprisonment so long as he or she complies with certain conditions imposed by the court. If the defendant violates one or more of the conditions of probation, the court may revoke the defendant’s probation and order that the defendant be imprisoned.

Appeal: Following a conviction in District Court, the defendant may appeal to the Superior Court for a trial de novo (i.e., the Superior Court will hear the case anew as if it had never been tried in District Court). The procedures for the trial of a misdemeanor in Superior Court are the same as those used for felonies in Superior Court. If the defendant is found guilty in Superior Court, he or she may appeal to the North Carolina Court of Appeals.

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