In North Carolina, the district attorney for each district is responsible for prosecuting all criminal cases and infractions, discussed below. In civil cases, the party who filed the case is responsible for pursuing it, and the parties must obtain their own attorneys, unless they plan to represent themselves in court. If someone is injured or their property is damaged due to a crime, that person also might sue the person who committed the crime.
This civil lawsuit usually is intended for the victim to get money to make up for their loss and is a separate case from the criminal charge. See the Lawsuits Help Topic for more information. Additionally, victims of certain crimes like domestic violence, sexual assault, or stalking can file for civil orders requiring the defendant to stay away and have no contact with them. See the Domestic Violence Help Topic for more information. In a criminal case, a defendant is a person who has been charged with a crime or an infraction.
A felony is a serious crime that can carry severe punishments. In North Carolina, conviction for a felony also deprives a defendant of certain citizenship rights like the right to vote. Most of these rights, including the right to vote, can be restored after the sentence is fully served and any period of post-release supervision is completed.
A misdemeanor is a crime less serious than a felony. One important difference between a misdemeanor and a felony is that conviction for a misdemeanor generally does not cause the defendant to lose the rights of citizenship.
In North Carolina, an infraction is a non-criminal violation of the law. Many of the most commonly-charged traffic offenses are infractions, like failing to stop for a stop sign. Although they are non-criminal violations, infractions generally are tried in criminal court and follow most of the same trial procedures as actual crimes misdemeanors and felonies.
Whether or not an offense is a crime or infraction depends on the statute law that was violated. You could look up the statute, or you can consult an attorney, if the statute is not clear. However, one quick way to tell what kind of offense was charged is to look at the case number on your citation ticket , warrant, or other charging document.
The case number begins with the last two digits of the year in which you were charged. Note that you might be charged with a crime and an infraction in the same case in which case the next two letters will be CR because of the criminal offense , or you might have charges under multiple case numbers, some of which might be criminal and some of which might be infractions. Therefore only the prosecutor or a judge has the power to drop or dismiss criminal charges.
This is true both in cases with individual victims such as assaults and cases where the victim is a business such as shoplifting. Law enforcement arrest reports and investigative reports are kept by the investigating law enforcement agencies.
You can request a copy of a police report from a law enforcement agency that investigated or otherwise was involved in the case. However, the complete report might not be a public record and might not be available, except under the rules for discovery in some criminal cases. The two courts generally are located in the same courthouse in each county, but they have different judges and hear different types of cases. Misdemeanors and infractions are handled primarily in District Court before a judge, but a defendant convicted of a misdemeanor in District Court can appeal to Superior Court for a new trial.
Felony cases often begin in District Court for pretrial matters, and some less serious felony cases can be resolved in District Court by a plea of guilty, but more serious felonies - and all felony trials - are resolved in Superior Court.
The exact procedures for a particular case will vary, depending on factors like whether the offense charged is a crime or infraction, a felony or misdemeanor, and whether or not the defendant was arrested or just summoned or cited to appear in court, among others. Defendants with questions about how their cases are likely to proceed should consult with their attorneys for advice.
The following is a simplified version of the basic steps of the adult criminal justice process, provided by the North Carolina Conference of District Attorneys. If that condition is met, the court will allow you to be free from jail until the case has been resolved.
Other conditions of release also can be imposed, like staying away from a victim or witness. If you do not follow the conditions set by the court, you can be returned to jail. The law does not require that the defendant be held for a full 48 hours, but during that initial time period, a magistrate or clerk cannot decide conditions of release.
While magistrates generally are available at all times, most court sessions are held only during business hours. So, if you are arrested for a qualifying domestic violence offense when court is not in session, you might have to wait until the next session of court before conditions of release will be set. If a judge has not set conditions of release within those first 48 hours for example, if you are arrested on a Friday evening , then a magistrate is authorized to set them once that period has passed.
It does not require the payment or promise of money. A written promise to appear is usually available only for lower-level crimes. If you violate the written promise to appear by not showing up to court, you will be subject to arrest and may have to meet more stringent conditions to be released again. Like a written promise, a custody release does not require the payment or promise of money in order for the defendant to be released, but a custody release can be combined with other conditions of release, like a bond.
An unsecured bond is a contract between you and the State. It is a written agreement that you will come to court, including the promise of an amount of money that you will owe the court if you fail to appear for any of your court dates. When a bond is unsecured, you do not have to pay the amount of the bond in advance in order to be released from jail. It is a written agreement to come to court that also requires an amount of money or other security be provided to the court in advance, before you can be released from jail.
If you cannot pay the full amount of a secured bond in advance with your own money cash , you may give the State a mortgage on real property land that you own, such as your home, as security for your appearance in court. The surety executes signs the bond paperwork along with you, promising the court that the surety will ensure your appearance at court and will be responsible for the amount of the bond along with you.
The surety might be someone like a family member or friend who is not compensated for posting the bond. The surety usually will have to provide the full amount of the bond in cash or a deed of trust to real property as security for the bond, just as you would if posting the bond on your own.
Before posting a bond, a person considering serving as a surety should consult an attorney about their options and the risks of doing so. In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial.
At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it.
Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial. The defendant enters a plea to the charges brought by the U.
Attorney at a court hearing known as arraignment. R A Crown Court judge's power to commit summarily for contempt should be exercised only where the contempt is clear and it is urgent and imperative to act immediately. In the absence of urgency, the matter should be referred to the Attorney General to consider bringing proceedings in the Queen's Bench Division Balogh v St. Albans Crown Court [] 1 QB The summary procedure at Rule Section 14 of the Contempt of Court Act provides for a maximum period of committal of 2 years in the Crown Court.
Sometimes the contempt may be sufficiently serious to justify proceedings for a criminal offence for example perverting the course of justice or witness interference ; however the court may prefer to deal with the conduct as part of its inherent jurisdiction to administer justice in a speedy and orderly manner, thus avoiding the public cost of separate proceedings and investigation, provided that its sentencing powers are sufficient to reflect the severity of the conduct.
When contempt is not admitted, the enquiry should take place at the earliest opportunity. By the provisions of s12 of the Contempt of Court Act it has jurisdiction only to deal with any person who wilfully insults the justice or justices, any witness or officer of the court or any solicitor or counsel having business in the court, during his or their sitting or attendance in court or in going to or returning from the court; or wilfully interrupts the proceedings of the court or otherwise misbehaves in court.
These are forms of criminal contempt. Where a magistrates' court exercises a statutory power to deal with contempt the hearing should be before a bench of justices other than those justices before whom the alleged contempt took place. Rules When a contempt issue arises the prosecutor should be available to assist by reference to the procedure.
Where the contempt only comes to light after the case has concluded, or the penalty which the court can impose does not reflect the seriousness of the offending, the matter may be referred to the Attorney General to consider instigating contempt proceedings in the High Court. All requests for advice from police in respect of contempt issues that amount to a criminal offence should be recorded on an MG3, registered on CMS from the outset and an action plan set.
Local escalation procedures should be agreed and applied to ensure that any failure in case progression is rectified. If in any doubt regarding the procedure to be adopted contact the CPS Policy Helpdesk at hqpolicy cps.
Civil contempt refers to conduct which is not in itself a crime but which is punishable by the court in order to ensure that its orders are observed. Civil contempt is usually raised by one of the parties to the proceedings. Although the penalty for a civil contempt contains a punitive element, its primary purpose is coercion of compliance. A person who commits that type of contempt does not acquire a criminal record and it is not a criminal offence, even if committed in connection with a criminal case Cobra Golf Ltd v Rata [] Ch.
Examples of civil contempt include disobedience of a court or undertaking by someone involved in litigation, and proceedings will normally be commenced by the other party aggrieved by it. Contempt by breach of an undertaking is rarer in criminal proceedings than civil ones.
A further example would be where a sentence was mitigated on the basis of an undertaking made by someone to repay money stolen by the defendant. This could possibly also be a criminal offence such as perjury where the undertaking is given on oath or perverting the course of justice. Where the conduct may amount to a distinct criminal offence particularly where it could amount to perjury, where the defendant has the right to jury trial it would normally be appropriate to refer the matter to be investigated by the police, unless the maximum sentence available for the offence would not properly reflect the conduct in question.
The procedure for criminal courts dealing with civil contempt, which is less likely to occur in the face of the court, is set out in Rule In the Crown Court it applies where a party, or other person directly affected alleges, or the court deals on its own initiative with unauthorised use of disclosed prosecution material under s 17 of the Criminal Procedure and Investigations Act , a failure to comply with a compliance order, restraint order, ancillary order or certain investigation orders under the Terrorism Act or the Proceeds of Crime Act and any other conduct with which that court can deal as a civil contempt of court.
This provides that it is a contempt to publish any matter which creates a substantial risk of serious prejudice or impediment to the course of justice in legal proceedings, irrespective of the intention behind the publication. Risk is judged at the time of publication. The longer the gap between publication and the trial "the fade factor" , the less the substantial risk of serious prejudice is likely to be. The absence of actual prejudice resulting from publication does not prevent it from being a contempt but may be relevant in deciding whether there was a substantial risk of serious prejudice.
The course of justice may be impeded where adverse publicity e. Strict liability publication contempt only applies to legal proceedings that are "active" at the time of the publication. Where a warrant has been issued, proceedings cease to be active once twelve months' have elapsed without the suspect's arrest, and where there has been an arrest when the suspect is released without charge otherwise than on bail.
NB : Common law contempt may be committed where proceedings are pending or imminent albeit not necessarily active for the purposes of the Act , and where there is actual intent to interfere with the administration of justice in those proceedings. The strict liability rule only applies to publications, although this is broadly defined and includes any speech, writing or programme included in a cable programme service or other communication in whatever form, which is addressed to the public at large or any section of the public.
Section 4 2 empowers the court, where it appears to be necessary for avoiding a substantial risk of prejudice to the administration of justice in those proceedings, or in any other proceedings pending or imminent, to order that the publication of any report of the proceedings, or any part of the proceedings, be postponed for such period as the court thinks necessary for that purpose.
It is most likely to be appropriate where there are due to be subsequent trials of the same offence, and reporting the outcome of the first trial might prejudice the jury in the later ones e.
A person is not guilty of contempt of court under the strict liability rule in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith — s. A further defence applies to publications made as or as part of a discussion in good faith of public affairs or other matters of general publication interest if the risk of impediment or prejudice is merely incidental to the discussion — s.
Section 7 provides that proceedings for contempt under the strict liability rule shall not be instituted except by or with the consent of the Attorney General or on the motion of a court having jurisdiction to deal with it.
If proceedings have commenced, concerns should be raised with the court in the first instance; the judge may then wish to refer the matter to the Attorney. Section 11 Contempt of Court Act gives the court the power to make a direction prohibiting the publication of a name or other specific matter but only where the court has exercised either its inherent or statutory jurisdiction to withhold those details from the public in the proceedings, for example the common law power to allow the name of blackmail victims to be withheld from the public R v Socialist Worker ex p A.
It is rare for the court to make such a direction in respect of a defendant. S 11 is not enacted for the comfort and feelings of defendants Evesham Justices ex p McDonagh [] QB and there is a requirement of clarity of terms and duration, and explanations for its purpose that a section 11 order has to meet.
Strict liability contempt applies only to active proceedings as set out in Schedule 1 Contempt of Court Act Where proceedings are not active, common law publication contempt may be committed e. However, common law publication contempt requires an actual intent to interfere with the administration of justice in those proceedings. Prosecutors should have regard to the Reporting Restrictions Guide, Reporting Restrictions in the Criminal Courts April Revised May that provides a practical guide for judges and the media on the statutory and common law principles which should be applied.
Part 6 CrimPR applies. Any restriction on reporting is contrary to the general rule in favour of open justice and the fair and accurate reporting of public court proceedings. Article 10 of the European Convention on Human Rights the right to freedom of expression and information is a qualified right.
Interference with it in the form of restrictions may be appropriate where this is necessary and proportionate in pursuit of a legitimate aim such as the protection of the rights of others to a fair trial Article 6 ECHR , or to privacy Article 8 ECHR. Interference is only appropriate to the extent to which it is truly necessary, and there should be no interference or a lesser degree of interference where the result might be achieved by other means. Prosecutors should be familiar with statutory restrictions which apply automatically to restrict the reporting of certain proceedings without the need for a specific order of the court, such as anonymity afforded to complainants in cases of a sexual nature s.
Recorders are fee-paid, part-time judges. For many it is the first step on the judicial ladder to appointment to the circuit bench. They are required to sit for between 15 and 30 days every year with at least one ten-day continuous period.
The appointment is for an initial five-year period, extendible for further successive five year terms up to the retirement age of Yes No. Tell us what you were looking for. About the judiciary About the judiciary The judiciary, the government and the constitution The justice system Who are the judiciary? Criminal Justice Most people feel very strongly about crime, and judges and magistrates play a vital role in the criminal justice system — especially when it comes to sentencing. A judge hearing a criminal case Before a criminal trial starts the judge will familiarise himself or herself with the details of the case by reading the relevant case papers.
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