Are you interested in understanding more about criminal court case processing in North Carolina? Courtesy of the North Carolina Judicial Branch, the Paralegal Division blog is publishing a three-part series during the first three weeks of February. The series includes an overview of the following:

Part I: Infraction Case Processing

Part II: Misdemeanor Case Processing

Part III: Felony Case Processing

The information below provides a general overview of criminal processing in North Carolina. It is not a substitute for reviewing the specific requirements contained in the North Carolina General Statutes and the opinions of the North Carolina appellate courts. Please also be aware that procedural nuances may vary among North Carolina’s one hundred counties.

The Process

This week we will cover Part I: Infraction Case Processing. We’ll begin with a visual representation of case processing.

Infraction: An infraction is an unlawful act that is not a crime. In other words, an infraction is an unlawful act (1) that is not a felony or a misdemeanor and (2) for which a defendant may not be imprisoned. The usual punishment for an infraction is a fine. A minor traffic offense is a common example of an infraction. A person charged with an infraction is later found to be “responsible” or “not responsible” for the infraction.

Charge: A law enforcement officer typically charges an infraction using a citation form. The citation is simply a legal instrument that directs a person to appear in court on a certain date.

Pretrial Release: The defendant is not arrested and is not placed in confinement prior to trial. Some defendants charged with infractions may be required to post a bond to ensure their appearance at trial. In most infraction cases, however, no bond is required. Either way, the defendant remains free to carry out his or her usual activities until its or her court date. If, however, the defendant fails to appear on his or her scheduled court date, the court may issue an order for the defendant’s arrest.

Waiver: Rather than appearing in court, the defendant may choose to waive his or her right to a trial and instead simply pay the fine and any court costs prior to trial. To do this, the defendant signs the back of the citation form to indicate that he or she is (1) waiving his or her right to a trial on the infraction and (2) admitting responsibility for the offense. The defendant then submits the signed citation form to the clerk or a magistrate along with the payment for the fine and court costs. In order to waive an infraction charge in this manner, the defendant must submit the citation and the payment to the court by 5:00 PM on the last business day before the defendant’s court date. A defendant who waives an offense is treated the same as a defendant who is found responsible for an offense by a judge. For example, a defendant who waives an offense may be subject to drivers license points or an increase in his or her automobile insurance rates.

Trial/Hearing: If the defendant chooses to challenge the infraction charge, he or she must appear in District Court on the court date specified in the citation. A judge rather than a jury decides the case and the process is typically less formal than the trial of a felony or misdemeanor. The District Attorney represents the state and must prove beyond a reasonable double that the defendant is responsible for the infraction.

Appeal: Following a finding of responsibility in District Court, the defendant may appeal to the Superior Court for a trial de novo (i.e., the Superior Court will hear the case anew as if it had never been tried in District Court). The defendant will be tried by a jury in Superior Court unless he or she agrees to have a judge decide the case. If the defendant is again found responsible for the infraction, he or she may appeal to the North Carolina Court of Appeals.

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The Paralegal Division Blog is managed by the Division’s Communications Committee. Via the blog and listserv, the Communications Committee provides information written by attorneys, paralegals, and other experts designed specifically for paralegals in the areas of substantive law, ethics, technology, paralegal practice advice, and more. If you are interested in volunteering with the Communications Committee, please contact the Communications Committee Chair, Alicia Mitchell-Mercer, at [email protected]. If you are interested in joining other Division committees, you can review a list of committees and sign up here. You may also wish to participate in the Division by using our virtual suggestion box to submit suggestions/ideas to the Division Council, submitting a proposed blog post, nominating a paralegal for Paralegal Spotlight, or completing the Paralegal Spotlight Questionnaire if you are nominating yourself.

February 3, 2021/by Paralegals