For those facing a North Carolina Traffic Ticket, North Carolina DWI Charge or Misdemeanor charge, they will have various questions about the process of how their case is handled, where it is handled, and what options they have available to them. As a DWI Lawyer Raleigh and Criminal Lawyer Raleigh, I assist my clients prepare for their cases by explaining the process of North Carolina Criminal Justice. These explanations span various areas of the N.C. judicial system, including courtroom decorum and procedures, plea negotiations, trial practices and limitations and other things that the average person only sees on Law and Order. One thing that is unique about North Carolina is how they handle Traffic, DWI and Misdemeanor cases at the court level. This article will explain how North Carolina District Court works and what it means to every U.S. Citizens right to a trial by a jury of their peers.
In North Carolina, all Traffic, DWI and Misdemeanor cases are heard in what is called 'District Court.' At District Court, the cases all trials are what is referred to as a 'Bench Trial.' A Bench Trial means that the Judge will oversee the trial as well as come to a decision as to the guilt of the Defendant. When overseeing the trial process, the Judge will control the process of the trial by following the processes of what side goes first, who goes last, opening statements and closing arguments. Additionally, the Judge will make rulings on various procedural and/or evidentiary questions including objections to the admission of statements and/or evidence, form of questions, etc. Once the trial has completed, the Judge will serve as the 'Trier of Fact' meaning that the Judge will make a determination as to whether the State has met it's burden of proving each element of the crime(s) beyond a reasonable doubt or, whether the Defense has provided enough evidence to apply a permissible defense to their actions.
Since District Court is only heard in front of a Judge, many people wonder how that is Constitutional when the 6th Amendment guarantees a right to a trial by Jury of the Defendant's peers. Specifically, the 6th Amendment states "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.."
North Carolina's solution for this seemingly conflict of State and Constitutional policies is that all District Court convictions have the right to appeal to Superior Court. At Superior Court, cases can be heard in front of a Jury. The appeal to Superior Court is what is known as "De Novo." De Novo is a Latin term used in the legal community and it means 'afresh, anew, or from the beginning.' This means that the fact that the Defendant was found guilty of at least one of the original charges in District Court is inadmissible in the trial in Superior Court. The Jury will never hear of the previous conviction, or of other charges for which the Defendant was found not guilty.
By having an automatic right to appeal de novo, the Defendant still maintains their right to a trial by jury of their peers. However, by having North Carolina Misdemeanor Charges, North Carolina Traffic Charges and North Carolina DWI Charges heard in District Court first the State is able to avoid the cost and aggrevation of having those cases which can be resolved by a bench trial or plead out not take up the time of Superior Court. From the Defendant's stand point, it allows them the opportunity to have 'two bites at the apple' by having a trial in District Court with the option of having a second trial or Superior Court should they lose. It should also be noted that, should the Defendant be found not guilty in District Court, the State does not have the right to appeal the verdict to Superior Court.
If you are facing a Traffic, Misdemeanor, DWI, or Felony charge in North Carolina. Speak with a local criminal defense attorney about your case for the best advice on how to handle your particular case.
In North Carolina, all Traffic, DWI and Misdemeanor cases are heard in what is called 'District Court.' At District Court, the cases all trials are what is referred to as a 'Bench Trial.' A Bench Trial means that the Judge will oversee the trial as well as come to a decision as to the guilt of the Defendant. When overseeing the trial process, the Judge will control the process of the trial by following the processes of what side goes first, who goes last, opening statements and closing arguments. Additionally, the Judge will make rulings on various procedural and/or evidentiary questions including objections to the admission of statements and/or evidence, form of questions, etc. Once the trial has completed, the Judge will serve as the 'Trier of Fact' meaning that the Judge will make a determination as to whether the State has met it's burden of proving each element of the crime(s) beyond a reasonable doubt or, whether the Defense has provided enough evidence to apply a permissible defense to their actions.
Since District Court is only heard in front of a Judge, many people wonder how that is Constitutional when the 6th Amendment guarantees a right to a trial by Jury of the Defendant's peers. Specifically, the 6th Amendment states "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.."
North Carolina's solution for this seemingly conflict of State and Constitutional policies is that all District Court convictions have the right to appeal to Superior Court. At Superior Court, cases can be heard in front of a Jury. The appeal to Superior Court is what is known as "De Novo." De Novo is a Latin term used in the legal community and it means 'afresh, anew, or from the beginning.' This means that the fact that the Defendant was found guilty of at least one of the original charges in District Court is inadmissible in the trial in Superior Court. The Jury will never hear of the previous conviction, or of other charges for which the Defendant was found not guilty.
By having an automatic right to appeal de novo, the Defendant still maintains their right to a trial by jury of their peers. However, by having North Carolina Misdemeanor Charges, North Carolina Traffic Charges and North Carolina DWI Charges heard in District Court first the State is able to avoid the cost and aggrevation of having those cases which can be resolved by a bench trial or plead out not take up the time of Superior Court. From the Defendant's stand point, it allows them the opportunity to have 'two bites at the apple' by having a trial in District Court with the option of having a second trial or Superior Court should they lose. It should also be noted that, should the Defendant be found not guilty in District Court, the State does not have the right to appeal the verdict to Superior Court.
If you are facing a Traffic, Misdemeanor, DWI, or Felony charge in North Carolina. Speak with a local criminal defense attorney about your case for the best advice on how to handle your particular case.