If you’ve been charged with a crime in Raleigh, North Carolina, you are entitled to constitutional safeguards throughout the process. In addition, there are certain procedures set in place that are essentially the same regardless of the local rules. The following is a breakdown of what happens when a person is faced with charges in Raleigh, North Carolina.
A person can be charged with a crime before they are actually arrested. Often, a warrant is issued for the person’s arrest by a magistrate and the police proceed with trying to locate the person being charged. The police do not necessarily need to have a copy of the actual warrant with them at the time of the arrest, but they must provide a copy of the warrant to the arrested person within a reasonable amount of time.
After the arrest, the arrestee is processed at the police department. The booking process includes taking fingerprints and completing other requirements. The arrested person may be held in custody pending their initial appearance in court. The initially appearance is generally held within 24 hours of being arrested.
After being taken into custody, the arrestee has the right to speak with an attorney. They should be allowed to contact a lawyer and meet with them before their first court hearing. At the hearing, the judge will present the charges against the defendant and will ensure that the defendant understands what they are being charged with. If the defendant does not have an attorney at the initial hearing the judge will inquire as to whether a public defender or court appointed counsel will need to be assigned. In North Carolina, once the charges are read, and the inquiry as to counsel has been made, the defendant will receive their next court date. Arraignments are generally not made until the time of trial.
Not every case will begin in Superior Court. Misdemeanor charges will begin in District Court where defendants are entitled to a trial by judge, commonly referred to as a bench trial. If a defendant is found guilty in District Court, there is an automatic right to appeal to Superior Court. This is the level of court in which a defendant is entitled to a jury trial.
If a defendant is found not guilty, they will be released from court and will avoid dealing with any sanctions. If the defendant is found guilty or there is a guilty plea entered, there will be a sentencing hearing. During the sentencing hearing, the judge will hear from both sides before determining a sentence. For minor crimes, the defendant may be receive probation over jail time, depending on their prior criminal history. For more serious crimes, jail time may be ordered based on the North Carolina Sentencing Grid. The defendant may also be ordered to pay fines, pay restitution, receive treatment for substance abuse, undergo counseling, or perform community service.
If you’ve been charged with a crime, you need the guidance and experience that only a good criminal defense attorney can provide. Contact Scharff Law Firm in Raleigh, North Carolina today at (919) 457-1954 for more information today.
