Articles Tagged with criminal charges in North Carolina

Requesting a public defender before hiring a private lawyer can preserve continuous legal representation while arrangements for retained counsel proceed. If you qualify for court-appointed counsel, you generally should accept the appointment even when you expect a private lawyer to enter the case later.

Financial plans can also change quickly after an arrest. Friends or family members may promise to help with legal fees and later become unable or unwilling to provide the money. An arrest or pending criminal charge may cause a loss of employment, reduced hours, suspension from work, or other income problems. The fee for the work required may also be greater than you expected. Accepting appointed counsel if you qualify protects your legal rights and options while those financial questions are resolved.

The court case remains active during the transition. Accepting the appointment of a public defender allows appointed counsel and retained counsel to coordinate the substitution without an unnecessary gap in representation.

A common misconception in North Carolina criminal cases is that the person making an allegation, especially the alleged victim, can later decide to “drop the charges,” or “ask the Judge for a dismissal.”

It is understandable why someone might think that. In everyday life, we hear phrases like “I won’t CAN-I-DROP-THE-CHARGES-DISMISSAL-IN-NORTH-CAROLINA press charges.” In reality, once law enforcement has arrested someone or a warrant, criminal summons, or citation has been issued, the authority to proceed rests with the State—not necessarily the witness or alleged victim.

To be clear, prosecutors certainly consider what prosecuting witnesses have to say.  Indeed, some charges, such as “crimes against the person” (like simple assault, assault on a female, offenses involving the impairment of the defendant, etc.) are subject to the North Carolina Victims’ Right Act.

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