FAQ
Q: Can a person be punished for attempting to commit a crime?
A: Many jurisdictions have either a general "attempt" crime or individual statutes that make attempted murder or attempted robbery (or the like) a crime. The purpose of these statutes is to punish an individual who has shown himself or herself to be dangerously inclined to commit a crime without waiting until the criminal act is actually completed. In order to convict a person for an attempted crime, the government must prove beyond a reasonable doubt that the person had the intent to do an act or bring about certain consequences that would amount to a crime, and that he or she took some step beyond mere preparation towards that goal.
Q: What is the difference between District and Superior court?
A: North Carolina has two levels of trial courts, District Court and Superior Court. There is no jury in District Court; your misdemeanor case is tried in front of a judge. If you are convicted, you have the right to appeal your conviction to Superior Court and have your case tried before a jury. Felony cases begin in District Court. If a District Court Judge determines probable cause exists in your case, it will be transferred to Superior Court for trial by jury.
Q: What is the difference between a misdemeanor and a felony?
A: Crimes that are regarded as less serious are referred to as misdemeanors. They are usually punishable by a fine or by incarceration in a local jail for a period of less than one year. The most serious types of crimes are referred to as felonies. Felonies are generally regarded as crimes that may be punished by more than a year's imprisonment or death.
Q: If I hire an attorney, do I still have to go to Court?
A: Other than for minor traffic charges, you appearance in criminal court is mandatory, even if you have a lawyer representing you.
Q: After I am charged, what’s next?
A: You will appear in District Court for your “First Appearance.” The District Court Judge will inform you of the charge against you and ask you if you want a court-appointed lawyer or if you want to hire your own lawyer. The Judge will then give you a new court date for you to appear in court with your attorney.
Q: How long does it typically take for a case to resolve?
A: The length of time it takes to resolve your case depends on many factors, including the seriousness of your charge and whether your case goes to trial. In general, the more serious the criminal charge, the longer the case will take to resolve.
Q: What is an expungement?
A: An expungement is a process that, in certain cases, allows the information regarding your arrest and criminal charge to be stricken from the public record. After a successful expungement, the fact that you were charged with a crime will not appear when a criminal background check is performed on you.
Q: What is a PJC?
A: A PJC stands for prayer for judgment continued. In some instances, even if you are convicted of a crime, an experienced attorney may be able to convince a judge not to enter a sentence but to enter a PJC. In this case, you usually pay a small fine and face no probation or jail time. Also, PJCs are usually not counted as criminal convictions.
Q: If I am arrested or detained, do I have to talk to the police?
A: NO! You have a constitutional right to refuse to answer questions that the police ask you. You have the right to have a lawyer with you before you answer any questions or make any statement. Contact the Driver Law Firm before you make any statement to the police.
|
