Question 1

What should I expect if my criminal case goes to trial in North or South Carolina?

Accepted Answer

Trials can be contentious and no one can guarantee a particular outcome. In a bench trial, the judge will make a decision as to guilt, and in a jury trial, the jury will make a decision as to guilt. This decision is known as the verdict. Trials will begin with the selection of a jury (if necessary) a process known as voir dire, which can last hours, days, or even weeks, depending on the complexity of the trial. The prosecution will begin with an opening statement, followed by the defense. The prosecution will then present their evidence by calling witnesses and introducing exhibits in their case-in-chief. The defense will have an opportunity to cross-examine, each prosecution witness, meaning that they will question the witness and object to any irrelevant or inappropriate statements or exhibits. At the conclusion of the prosecution’s case the defense will often make amotion requesting that the court dismiss the case for a failure of the state to meet its burden of proof, however, these motions are rarely granted by the judge. At this point, the defense will either call witnesses and introduce evidence for their case, or they may not because the burden of proof is completely on the prosecution and a defendant cannot be forced to testify or put on a defense. The final phase of a trial involves each side making closing arguments explaining their theory of the case, and why the judge or jury should find the defendant either guilty or not guilty of the charged crimes. At the conclusion of the closing arguments, the judge will either make a decision in a bench trial or in a jury trial the judge will read instructions to the jury and they will go out of the courtroom to deliberate on a verdict. Upon reaching a verdict the jury will be brought back into the courtroom and the verdict will be read aloud. If the jury fails to reach a verdict, a situation known as a hung jury, the judge may declare a mistrial and it will be up to the prosecution on whether they decide to try the case again. If a defendant is found guilty, the judge will sentence them based on structured sentencing laws or if the defendant is found not guilty they are free to go and may have the charges expunged from their record.

Question 2

Can criminal charges be sealed in North and South Carolina?

Accepted Answer

Criminal charges, other than juvenile matters, will not be sealed. Under limited circumstances, a defendant may be able to have criminal charges expunged or removed from their record. Any charges that are dismissed or where the defendant is found not guilty can be expunged, and often are expunged upon completion of the case. Convictions must fall into one of several categories in order to be expunged, and an attorney will need to review the charges, the court record, and the defendant’s criminal record to determine if an expungement is possible and if so the appropriate process for applying for and obtaining the expunction.

Question 3

What is the process like after criminal charges have been filed in court?

Accepted Answer

When charged with a crime in North Carolina a Defendant will either receive a citation or a criminal summons with a court date or if arrested they will appear before a magistrate and receive an initial appearance date before a District Court Judge. At the first court date, the defendant will make a decision regarding attorney status, either applying for a court-appointed attorney or signing a waiver of court-appointed counsel to hire an attorney or represent themselves. Depending on the severity of the charges, the matter may be resolved on the first or second court date, or the matter may be continued several times for witnesses and evidence to be presented. Felony charges result in a probable cause hearing being scheduled within 15 days of a defendant’s initial appearance, however, that 15-day window may be waived by the defendant. Misdemeanors will generally be resolved in District Court, however, if the defendant is not satisfied with a result in District Court they may appeal that decision to Superior Court for a jury trial within 10 days from the date of the case being resolved in District Court. Some low-level felonies may be handled in District Court, but most will need to be indicted by a grand jury and resolved in Superior Court by either plea or jury trial. Regardless of the severity of the charges, defendants should remain aware of their right to not be used as a witness against themselves, and their right to consult with a criminal attorney at each critical stage of the court process. Defendant’s should only speak to their attorney about their case while charges are pending.