After a snow day, How Are Criminal Court Dates Reset in Charlotte, NC?
Frankly, it’s a bit complicated. That’s because there are some statutory and constitutional protections afforded to people, especially those whom may be in jail, in the timely setting of important hearings. The Courts follow certain mandates established by the North Carolina General Assembly for things like:
- First Appearances
- Bond Hearings
- Probable Cause Hearings
RESCHEDULING OF CASES
When a court session is canceled on a Monday, the first cases to be heard on the day normal operations resume will vary by the type of court. For all Superior Court trial calendars, the return day to work will be treated as if it were the Monday of the session and will begin at 10:00 AM.
For all Superior Court administrative calendars, only the cases scheduled for the specific day that court resumes will be heard and the start time will be 9:30 AM. Those cases which were scheduled for hearing during the days court was canceled will be reset for a new date and time.
For District Court civil calendars, excluding domestic relations, the return day to work will be treated as if it were the Monday of that week. Cases originally scheduled for Monday of that week will be heard before any others in the above categories.
For domestic relations calendars, cases which were scheduled for hearing during the days court was canceled will be reset for a new date and time. Only the cases scheduled for the specific day that court resumes will be heard.
For District Court criminal cases (including 1130), domestic violence, juvenile calendars, and civil magistrate’s courts, only the cases scheduled for the specific day that court resumes will be heard.
Those cases which were scheduled for hearing during the days a session was canceled will be reset for a new date and time.
The Clerk should reschedule 50B 10-Day hearings not heard during the period of any closure and the Chief District Court Judge shall extend the ex parte orders until the new court date.
Finally, when the Grand Jury cannot meet due to a Monday inclement weather cancellation (or Tuesday if Monday was a holiday), the session will be cancelled for the week.
Certain cases are set immediately. Others are simply reset by the Clerk of Court.
Assuming there isn’t a “next day reset,” as described, normally the Clerk of Court in Mecklenburg County, in consultation of the Office of the District Attorney, would review officer dates, calendars and caseloads. Sometimes dates are set for the next trial setting. Other times, especially when the number of cases in any particular courtroom are excessive, a later date may be set forth.
In Charlotte, District Court trial dates for criminal matters tend to focus on a predetermined date or assignment. Essentially, an officer is assigned to a certain day (or two) on a monthly basis. For example, Officer Smith may be in Courtroom 4150 on the first and third Thursday of the month.
As such, one can enter the Officer’s name into the system and determine when s/he is scheduled to be in court. While it’s not a perfect predictor of future dates, it is at least a starting point.
Some jurisdictions provide written notice to people, letting them know when the new date is. Charlotte has in the past utilized automatic phone calls to advise reset dates, especially for Superior Court matters. Either way, and this cannot be stressed enough, ONE SHOULD DO THEIR LEVEL BEST TO DETERMINE THE NEXT DATE AND BE THERE.
Many law offices close during inclement weather (FTR we’re open today, February 26, 2015). One of the first things we do upon reopening is review every file that had a scheduled court appearance to determine dates. Because of the intricacies associated with calendaring, there may be times where a date will be automatically set and will thereafter need to be moved because of prior calendaring commitments.
Hopefully clients also understand that if the Clerk of Court’s Office is closed in Charlotte, there really isn’t any way for an attorney to determine new court dates. . .because they’re not being set. Given the size of the Mecklenburg County Court system, my heart goes out to our wonderful Clerk’s of Court. We literally have thousands of cases / files on dockets in the criminal system alone.
If you have an attorney, check in with your lawyer as soon as possible after the system gets back up-and-running. You also can check out court dates by going to: https://www1.aoc.state.nc.us/www/calendars/CriminalQuery.html
2412 Arty Avenue, Charlotte, North Carolina 28208
Bill Powers has been listed in 2015 SuperLawyers North Carolina Magazine. In calendar years 2012, 2013 & 2014, SuperLawyers further included Bill in the “Top 100” Lawyers in North Carolina. In 2013 Bill was listed as “Top 25 in Charlotte” by SuperLawyers North Carolina.
For Membership Information & Criterion for Inclusion to SuperLawyers North Carolina see: https://www.superlawyers.com/north-carolina/lawyer/Bill-Powers/ccf452c7-eeb6-4f0e-98e4-337804e043e8.html
Powers Landreth, pllc in 2015 has been again listed as a “Best Law Firm” by U.S. NEWS & WORLD REPORT. For Member Info & Criterion for Inclusion see: https://bestlawfirms.usnews.com/profile/powers-mccartan-pllc/overview/44550
In 2015 Bill Powers has been included in Best Lawyers of America. For membership info & criterion for inclusion see: https://www.bestlawyers.com/lawyers/bill-powers/78562/
Bill Powers has also been listed in “Top 100 Criminal Defense Lawyers in North Carolina” by The National Trial Lawyers. For member info & criterion for inclusion see: https://www.thenationaltriallawyers.org/profile-view/Bill/Powers/5071/