What You Need to Know About Criminal Charges and Court in North Carolina

In criminal court, the State prosecutes someone for breaking the law. The case is handled by the district attorney’s office, and penalties may include jail, probation, or fines. Civil court involves disputes between private parties. These cases are usually about money or court orders that direct someone to do—or not do—something. In North Carolina, criminal cases are handled by the district attorney. In civil court, the person who brings the lawsuit (the “plaintiff”) is responsible for moving the case forward and often hires their own attorney to handle litigation. People in civil cases can represent themselves, but that may not be advisable depending on the legal issue. The standards of proof in criminal court and civil court are different. In criminal court, the state carries the Burden of Proof, which is Proof Beyond a Reasonable Doubt.

Yes. A single incident can lead to both criminal charges and a civil lawsuit. For example, if someone is assaulted, the State may charge the accused with a crime (such as simple assault), and the victim may also file a lawsuit asking for financial compensation. These are two separate cases—one brought by the State, the other by the person who was harmed. In certain cases, victims may also seek civil protection orders that are not connected to criminal charges. That can include domestic violence protective orders or civil no-contact orders in cases of stalking or harassment.

In a criminal or infraction case, the defendant is the person who has been formally accused of violating the law. This person is ordinarily required to appear in court and respond to the charges. Some legal matters (often minor traffic tickets and infractions) may be handled by an attorney for the defendant without the need for appearing.

A felony is a serious criminal offense. In North Carolina, felonies carry a wide range of possible punishments, which may include prison, probation, community service, fines, substance abuse and mental health treatment, and the costs of court. Being convicted of a felony can affect certain civil rights, such as the right to vote and the right to possess a firearm. The right to vote may be restored after the sentence is completed and other terms and conditions of a suspended sentence are satisfied.

A misdemeanor is a criminal offense that is considered less serious than a felony. Penalties may include fines, probation, and jail time, though the jail terms are generally shorter than those for felonies. A misdemeanor conviction usually does not result in the loss of civil rights, but it can still affect employment, housing, and other aspects of your life. Misdemeanor convictions can also carry financial responsibilities such as costs of court and restitution.

An infraction is a violation of the law that is not considered a crime. Common examples include traffic violations for certain minor speeding tickets or failing to yield. Infractions are usually punished with a fine and court costs. Even though they are non-criminal, they are handled in criminal court and follow many of the same procedures as criminal cases. A conviction for a traffic infraction can result in the issuance of motor vehicle and insurance points in some circumstances.

One way to tell is to look at your charging document. In North Carolina, case numbers on citations, warrants, or court notices include a code that shows the type of charge. If the number includes “CR,” you’ve been charged with a crime—either a felony or a misdemeanor. If it includes “IF,” the case only involves infractions. You may also be facing both types of charges in the same case, or have separate cases with different classifications. If you’re not sure what kind of charge you’re facing, a lawyer can help you interpret the documents and determine what the law says about the offense.

North Carolina's trial court system includes two main levels: District Court and Superior Court. Both courts are usually located in the same courthouse but serve different roles. District Court handles infractions and most misdemeanors. Cases in District Court are decided by a judge, not a jury. If you are convicted in District Court, you can appeal to Superior Court and request a new trial (with certain limitations and timing requirements). Superior Court handles felony trials and appeals from District Court. Many felony cases begin in District Court for early administrative hearings but move to Superior Court if they are not resolved by a plea or dismissal of charges. A jury trial for a felony charge happens in Superior Court.

The process depends on the type of offense and how the charge is brought. If you are arrested, the court will address bond and other release conditions shortly afterward. If you were not arrested, you may have received a citation or summons telling you when to come to court. A typical adult criminal case in North Carolina includes several stages:

• A crime is reported or discovered
• Law enforcement investigates
• The defendant is charged, usually by arrest or citation or criminal summons
• If the defendant is arrested, a bond and/or terms of conditions of release are reviewed and set **Certain very serious felony charges may result in the Court determining “no bond” is appropriate and deny the defendant’s release from custody
• A first appearance is held in court to advise the defendant of rights
• For felonies, there may be a probable cause hearing or grand jury indictment
• The defendant enters a plea of either guilty or not guilty
• If a not-guilty plea is entered, a trial is scheduled
• If convicted, sentencing follows
• The case may be appealed, subject to important timing requirements

The exact order and timing can vary, and some cases are resolved earlier through plea agreements or the dismissal of charges. Your attorney can explain what to expect based on the facts of your case.

To look up the outcome of a criminal case in North Carolina, you can use the public access terminals located in any clerk of court’s office. You can also contact the clerk’s office in the county where the case was filed. They can tell you what actions were taken and whether a final judgment has been entered. For general information about pending criminal charges, the North Carolina Judicial Branch maintains a Court Date portal.

If you're uncertain about how to navigate a legal issue, Powers Law Firm provides steady, knowledgeable representation to clients. TEXT or call 704-342-4357 or email Bill@CarolinaAttorneys.com to see if we may be the right fit.