Appeals, Post-Conviction Options, and Communicating With the Court in North Carolina

If you are convicted of a misdemeanor in District Court and judgment is entered, you have the right to appeal to Superior Court for a de novo trial. A de novo appeal means the case starts over from the beginning as if the District Court trial never happened. The evidence is presented again, and you can request a jury trial unless you choose to waive that right. The Superior Court does not review the District Court’s decision—it holds a new trial on the same charges.

If you are convicted in Superior Court, you may appeal to the North Carolina Court of Appeals. That process is different. The appellate court does not hold another trial or hear new evidence. Instead, it reviews the written record of what happened in Superior Court to determine whether a legal error occurred. If the court finds that an error affected the outcome of the case, it may order a new trial or other relief. In some cases, the conviction may be reversed.

You can appeal a District Court conviction to Superior Court for a jury trial by telling the judge at the time of conviction or by filing a written notice of appeal with the clerk of court within 10 days. In some cases, appealing to Superior Court may affect your bond or release conditions. You may be required to post an additional bond while the appeal is pending.

If you are convicted in Superior Court, you have the right to seek review in the North Carolina Court of Appeals. This type of appeal must follow the Rules of Appellate Procedure, which outline how to give notice of appeal and what documents must be filed. Appeals to the Court of Appeals are based on written arguments and, in some cases, oral arguments before the court. The appellate court reviews the record for legal errors. It does not hear new testimony or retry the case. If you receive an active sentence and want to appeal, you may be required to begin serving that sentence unless the court grants release on bond while the appeal is pending. There are important timing deadlines to file an appeal to the Court of Appeals. Failure to properly file and perfect an appeal in a timely manner can result in the waiver of your right to appeal.

If you cannot afford an appellate attorney, the trial judge may appoint the Office of the Appellate Defender to represent you. This attorney will be different from the lawyer who represented you in District or Superior Court.
If your appeal is not successful, you may be required to pay for the services of the appellate attorney unless the court waives those costs.

A Motion for Appropriate Relief (MAR) is a written request asking the court to change a conviction or sentence. You must show legal grounds to support the motion, such as a sentencing error that could affect the outcome of the case. Filing a MAR does not automatically result in a hearing. The judge will review the motion and determine whether the claims require further proceedings. If the court finds valid grounds, it may grant relief, such as a new trial or a change in sentence.

Possibly. You may be able to receive a court-appointed attorney for a Motion for Appropriate Relief (MAR), but the court is not required to appoint one in every case. If you file the motion yourself and the judge determines that your claims are not frivolous and that a hearing is needed, the court may appoint an attorney to represent you—particularly if the motion raises legal or factual issues that require further development.

However, if the judge finds that the motion lacks merit on its face or is procedurally barred, the court may deny it without appointing counsel or holding a hearing. There is no automatic right to a court-appointed attorney for filing or litigating a MAR unless the court concludes that appointment is necessary to ensure fair consideration of the issues.

In a criminal case, the decision to move forward or dismiss charges belongs to the prosecutor, not the victim. While a victim may express their wishes to the district attorney’s office, the prosecutor makes the final decision about whether to continue with the case. This is true even in cases involving personal disputes, such as assault or domestic violence, and also applies when a business is listed as the victim.

Police reports are maintained by the law enforcement agency that investigated the case. You can ask the agency for a copy, but access may be limited—especially if the case is still open or involves pending criminal charges. Some parts of a police report may not be considered public record and might be withheld from public release (for example, law enforcement BWC - Body Worn Cameras and dash-cam videos).

If you are the defendant in a criminal case, your attorney may be able to request police reports and other materials through the discovery process. In felony cases, the State is generally required to provide certain evidence—including law enforcement reports—to the defense under North Carolina’s discovery laws. In misdemeanor cases, however, the discovery process is not automatic. Your attorney may still be able to obtain relevant documents through an informal agreement with the prosecutor or law enforcement, but it is not guaranteed.

You can look up your court date on the NC Courts online portal or by visiting the clerk of court’s office in the county where your case was filed or by using the public court date lookup tool provided by the North Carolina Judicial Branch. If you received a citation, criminal summons, or release paperwork, your first court date should be printed on that document. It is your responsibility to appear on that date, even if you don’t receive a reminder.

No. You cannot speak privately with a judge about your case outside of open court. The law requires that both sides be present for any communication with the judge about case details. This applies to you, your attorney, and the prosecutor. Court staff and judges are also not allowed to give you legal advice. If you have questions about your case, speak with your attorney.

If you have a lawyer, the prosecutor is not permitted to talk to you without your attorney present. Your attorney will speak to the prosecutor on your behalf. If you do not have a lawyer and are representing yourself, you may speak directly with the prosecutor and negotiate plea bargains, but they are not allowed to give you legal advice. Anything you say to the prosecutor could be used in court. If you plan to speak with the prosecutor on your own, it’s important to be careful about what you share and to understand that they represent the State’s case against you.

If you're navigating a serious legal matter and need clarity about the process, Powers Law Firm provides thoughtful, compassionate representation when we’re able to assist. TEXT or call 704-342-4357 or email Bill@CarolinaAttorneys.com to discuss whether we may be the right firm for your situation.