Frequently Asked Questions about Criminal Defense

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.

Page 2