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  • What is the difference between District Court and Superior Court?
    District courts are the entry level trial court and the proper division for civil cases involving less than $25,000, juvenile matters, and criminal cases involving infractions, misdemeanors, or low-level felonies. If the parties involved in the case do not object, District Court can conduct civil jury trials or hear civil matters with more than $25,000 in controversy. However, Superior Court is the proper division for civil cases involving more than $25,000, as well as all felony criminal cases. Both courts have jurisdiction over cases regardless of the amount of money in controversy.
  • What is the AOC?
    The Administrative Office of the Courts was created when the courts were unified in 1963. The primary functions of the AOC include providing support to court officials statewide, administering the budget for the entire judicial branch of government, and providing public information about the court system. You can learn more about the AOC here.
  • Where can I find North Carolina Law, particularly statutes?
    If you have access to the internet, the General Assembly's home page will provide this information for you. If not, try your local law school or the North Carolina Supreme Court Library or law library located in Raleigh. Most universities have a "government" section in the library that has the statutes, as do most libraries. Finally, many local courts have a limited library that may have some information.
  • Where can I find information on legal rights for the developmentally disabled?
    Please contact Disability Rights North Carolina at 919-856-2195 or visit their website.
  • I was not advised of my rights. Can I get the case dismissed?
    No. Law enforcement officers do not have to advise you of your rights unless there is an incustodial interrogation taking place.
  • Can I choose the attorney that will be appointed to represent me?
    No. If you obtain a court appointed attorney they are assigned on a rotating basis and the fee they are authorized by the court becomes a lien on your property. You can hire the private attorney of your choice.
  • Can I continue my case to any day I want?
    No. Law enforcement officers have specific court days.
  • Why can't the DA's Office give me legal advice?
    The District Attorney's Office prosecutes all criminal actions in the Sixth District. The District Attorney cannot prosecute and defend the same action.
  • If the witness does not show up will the case be dismissed?
    It depends. Some cases can be tried without the victim appearing. Sometimes the case may be continued if the witnesses do not appear. The presiding judge may review the file and sanctions may be imposed.
  • If I do not show up for court will the case be dismissed?
    No. If you are a defendant it is a crime for you to not show up in court. If you are a witness and do not show up a judge may put you in jail.
  • How long am I under subpoena?
    You are under subpoena until discharged by the DA's Office.
  • I have a question for the District Court ADA, when can I talk to him/her?
    The District Court ADAs are rarely in the office, as court runs from 9:00am - 5:00pm every day. While they cannot speak to any defendants about their cases, victims are welcome to email the ADA to schedule a meeting. Please see our Staff Directory for contact info.
  • How are sentences determined?
    North Carolina operates under a policy of structured sentencing. Generally, a person's sentence depends upon the person's prior number and type of convictions. Please view the Structured Sentencing guidelines here.
  • I have a prior conviction; can I have it expunged from my record?
    In some cases, yes. Please contact Legal Aid North Carolina or the NC Second Chance Alliance to learn more about criminal expungements.
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