Legal Representation and Resolving Your Criminal Case in North Carolina

At your first court appearance, the judge will ask if you want to hire an attorney, request a court-appointed attorney, or represent yourself. You’ll be asked to provide information about your financial situation. If the judge finds that you qualify, the court appoints a lawyer to represent you. If you ask for a court-appointed lawyer, be prepared to answer questions about your income, expenses, and assets so the court can make that decision.

You may be eligible for a court-appointed attorney if you are charged with a criminal offense that could result in jail time or a fine over $500. If you’re only charged with infractions—such as minor traffic violations that cannot lead to jail time—you generally do not qualify for a court-appointed attorney. If you're charged with both infractions and a criminal offense in the same case, the court may appoint an attorney for the entire case in appropriate circumstances. If you're unsure whether your charge qualifies, ask the court during your first appearance.

If your case ends with a dismissal or a not-guilty verdict, you will not be charged for a court-appointed attorney. If you plead guilty or are convicted, you will be responsible for a $60 appointment fee and either a flat fee or an hourly rate for the attorney’s work. The fee structure depends on the type of case and how much time your attorney spent representing you. If you are required to pay an hourly rate, the attorney will report the number of hours worked to the court, and the judge will decide the total amount you owe. These costs are entered as part of your court judgment and must be paid along with other fines or court costs.

If you’re ordered to pay attorney’s fees and cannot afford them, the court can enter a civil judgment against you for the unpaid amount. That judgment may be collected the same way as any other debt through court enforcement procedures.
This does not prevent you from receiving a court-appointed attorney in future criminal cases if you qualify financially at that time. Whether or not you owe money from a prior case, you still have the right to request representation in a new matter.

You are allowed to stop working with a court-appointed attorney, but you do not have the right to choose another one unless the court approves a replacement. If you fire your court-appointed attorney, the court may require you to hire a private lawyer or represent yourself. The judge will decide whether another court-appointed attorney will be assigned.
You may also hire a private attorney at any time, even if you already have a court-appointed lawyer. If you choose to do that, your court-appointed attorney will withdraw once your private lawyer takes over the case.

You can ask for a court-appointed attorney later in the case, even if you declined one at the beginning. The court will look at your financial situation at the time of your request. If you now qualify and the judge agrees, a court-appointed lawyer may be assigned. Keep in mind that the court is not required to appoint a new attorney just because you changed your mind. If your case has progressed and you’ve already made decisions about how to proceed, the court may consider whether a new lawyer is necessary or whether the change would delay the case unnecessarily.

That depends on the county where your case is pending. Some judicial districts in North Carolina have public defender offices, and most court-appointed cases in those areas are handled by lawyers who work in those offices. In other districts, the court appoints private attorneys who accept cases as part of a court-appointed list. Even in counties with a public defender’s office, your case might be assigned to a private attorney if the public defender’s office has a conflict of interest or lacks available staff. Either way, your lawyer will be a licensed attorney authorized to represent clients in North Carolina criminal court.

All court-appointed attorneys—whether they work in a public defender office or are private lawyers—must be licensed to practice law in North Carolina. These attorneys meet the same general education and licensing requirements as other lawyers in the state. In addition, they must follow any local rules for accepting court appointments and comply with the standards for representing criminal defendants. Court-appointed attorneys are expected to provide competent legal representation, just as private attorneys do. They must follow the same rules as all criminal defense lawyers practicing in criminal court.

Yes. You have the right to represent yourself in a criminal case (with limited exceptions), but the court will expect you to follow all legal rules and procedures. The judge and court staff cannot help you prepare your case or give you legal advice. You will be held to the same standard as an attorney when presenting evidence, examining witnesses, or making legal arguments. Before the court allows you to waive your right to a lawyer, the judge may ask you questions to make sure you understand what’s involved in representing yourself. If you choose to go forward without a lawyer, it’s still your responsibility to meet all deadlines, appear in court, and present your defense properly.

You have the right to hire a lawyer of your choice to represent you in a criminal case. If you want to hire a private attorney, you can start by asking people you trust for referrals. You can also search online. Make sure that the attorney you choose handles criminal cases and practices in the county where your charges are pending. You can schedule consultations to learn more about the lawyer’s experience and fees before deciding.

Deferred prosecution is an agreement between a defendant and the State that pauses the criminal case for a period of time. If you qualify and the prosecutor agrees, you may enter into a written agreement to meet specific conditions, such as completing treatment, performing community service, paying restitution, having no new charges, and avoiding contact with the alleged victim. If you successfully meet all the conditions by the end of the agreed-upon time, the State dismisses the charges. If you do not meet the conditions, the case resumes, and you can still be prosecuted for the original charge. The decision to offer deferred prosecution is made by the district attorney’s office.

The “90-96” program is a type of conditional discharge allowed in certain drug cases. It is named after the law that created it and may be available to first-time offenders charged with drug possession offenses. Certain criminal charges are not eligible for 90-96 conditional discharge. You must either plead guilty or be found guilty, but the court does not enter a final judgment. Instead, the judge holds the conviction open while you complete court-ordered conditions. These conditions may include drug treatment, regular drug screenings, community service, and avoiding any new charges. If you successfully complete the program, the charge is dismissed. If you do not complete the requirements, the judge may then enter a conviction and impose a sentence.

A plea agreement is a resolution of your case in which you agree to plead guilty to one or more charges. In return, the prosecutor may agree to dismiss or reduce other charges or recommend a particular sentence to the judge. Plea agreements vary depending on the facts of the case, your prior record, and negotiations between your attorney and the prosecutor. While the prosecutor can propose a deal, the judge must accept the terms and conditions to make it final. If no agreement is reached or accepted, the case may proceed to trial.

Most criminal cases in North Carolina are resolved without a trial. Your case may end through a plea agreement, a deferred prosecution, a conditional discharge, or the dismissal of charges by the State. However, if no agreement is reached and the charges are not dismissed, your case will be scheduled for trial. Misdemeanor trials usually occur in District Court. Felony trials are held in Superior Court and may involve a jury.

Yes. If you plead guilty to a criminal offense, including a misdemeanor or felony, the court enters a judgment of conviction. That conviction becomes part of your criminal record. In contrast, if you enter into a deferred prosecution or conditional discharge and meet all conditions, the charge may be dismissed, and you will not be convicted. If you plead responsible to an infraction—a non-criminal violation—that does not result in a criminal conviction. However, there may still be consequences, such as license points or insurance increases in motor vehicle cases.

Yes. Pleading guilty in exchange for a sentence of “time served” is still a conviction. The charge will appear on your criminal record, even though you may not serve additional jail time beyond what you have already spent in custody.

In some cases, the prosecutor and the defense agree to a specific sentence as part of a plea agreement. If the judge accepts that agreement, the sentence is known in advance. In other situations, the plea may not include an agreement on sentencing, and the judge decides what sentence to impose after reviewing the case. Judges follow structured sentencing laws in North Carolina, which provide ranges of possible sentences based on the severity of the offense and the defendant’s prior criminal record. The court may also order payment of restitution, fines, or court costs. While your attorney can give you a general idea of possible outcomes, the final decision rests with the court unless the sentence is part of an accepted plea deal.

A suspended sentence is a sentence imposed by the judge that is not immediately served in jail or prison. Instead, the judge places you on probation and suspends the active portion of the sentence as long as you follow the terms of your probation. If you successfully complete probation, you will not have to serve the suspended time. If you violate the conditions of probation, the judge may order you to serve all or part of the suspended sentence. In some cases, a judge may impose a short jail term as a condition of probation, even if the sentence is otherwise suspended. Defense lawyers may refer to that as a “split sentence.”

If the court orders you to pay a fine, court costs, or other financial obligations, you are expected to pay at sentencing. Payments can be made in person, by mail, or online. Personal checks are not accepted. If you are unable to pay right away, you can ask the court about extending payment deadlines. Failing to pay may lead to further consequences, including collection efforts or civil judgments being entered against you.

If you're dealing with a complex legal issue and have questions about what comes next, Powers Law Firm provides clients experienced and compassionate representation. TEXT or call 704-342-4357 or email Bill@CarolinaAttorneys.com to explore whether we may be able to help.