Judges of criminal and civil courts have different powers. Criminal judges can punish you for breaking the law by sending you to jail. Civil judges can order you to pay money or a fine, or make decisions about your family or home. In a civil court, a person (files a case) sues another person for a dispute or problem between them. A company or agency can also file a case in a civil court or be sued in a civil court. If someone loses a case in civil court, that person may be asked to pay money to the other party or return property, but that person will not go to jail just because they lost the case. If you are a victim of a crime, you do not need a lawyer in a criminal court. Only a government lawyer can file a case in criminal court. The government`s lawyer is called Prosecutor, District Prosecutor, D.A., District Attorney or Prosecutor. A deferred prosecution agreement is an agreement between a defendant and the state. The prosecutor agrees to dismiss the charge against the defendant after a certain period of time if the defendant meets certain conditions, including processing of treatment, completion of charitable service, payment of reparations, exclusion from contact with the victim, and non-prosecution for other crimes.
If you do not comply with the deferral conditions, the prosecution will continue and you could still be found guilty of the crime. There are many types of cases before the civil courts. This website has separate sections for the most common types of civil cases. For more detailed information, you can go to our homepage and click on the topic you are interested in. In some cases, the prosecutor and the defendant agree on a sentence contained in the agreement. In other cases, there is no agreement and the judge only decides on the sentence after the defendant has pleaded guilty or been convicted by a court. Judges must convict defendants under the criminal laws applicable to each crime, which provide for a number of possible penalties, including fines, probation, and imprisonment or imprisonment. Defendants may be asked to pay additional money, for example for court costs and reimbursement to a victim. The sentencing options that apply to your case depend on the seriousness of the crime (with some important differences between crime and misdemeanour) and your criminal record. Current sentencing tables for most crimes can be found here. Special sanctions apply to cases of impairment.
The exact procedures for a particular case vary, depending on factors such as whether the accused crime is a crime or violation, a crime or misdemeanour, and whether the defendant has been arrested or simply summoned or summoned to appear in court, among others. Defendants who have questions about how their cases are likely to proceed should seek advice from their lawyers. In North Carolina, a violation is a non-criminal violation of the law. Many of the most frequent traffic offences committed are offences, such as: failure to stop for a stop sign. Most violations are only punishable by a fine (called a “penalty” for violations) plus payment of court fees. Although these are non-criminal violations, violations are usually tried by a criminal court and follow most of the same trial procedures as actual crimes (misdemeanours and crimes). I can`t afford to pay a lawyer for my civil case. What can I do? No. In a criminal or violation case, the district attorney sues the defendant on behalf of the state for violating state laws. Therefore, only the prosecutor or a judge has the power to drop or dismiss criminal charges. In some cases, the prosecutor may agree to dismiss the criminal complaint if the victim requests his or her release, but the prosecutor is not required to do so at the request of the victim. This applies to both cases involving individual victims (e.g., assault) and cases where the victim is a business (e.g., shoplifting).
Unlike the Appeals Division, which rules on legal matters only when a party appeals a case, the Superior Court and District Court divisions are the divisions of the trial courts that hold hearings and appoint jurors to determine the facts of cases. In criminal court, the government takes legal action against someone who has committed a crime. The person accused of committing the crime is called the accused. The government must prove that the accused is guilty “beyond a reasonable doubt,” which is a very high standard. If the accused is convicted, he can go to jail or jail. There are many types of cases before the civil courts: the U.S. Constitution grants people accused of crimes many procedural rights, including Miranda warnings, a speedy trial, the right to be safe from illegal searches, and the right to confront prosecutors. A defendant who wishes to challenge a conviction or verdict may appeal to a higher court. There is also a separate method of appeal called a habeas corpus motion for an arrest warrant, which is a means of challenging the legal basis for detention. The defendant pleads for the charges brought by the U.S. attorney at a hearing known as an indictment.
More than 90% of defendants plead guilty instead of going to court. When a defendant pleads guilty, if, in return, the government agrees to drop certain charges or recommend a lenient sentence, the agreement is often referred to as a “plea bargain.” If the defendant pleads guilty, the judge may impose a sentence, but more often than not, he will schedule a later hearing to determine the sentence. In most criminal cases, the judge waits for the results of an investigation report from the court`s probation department before imposing the sentence. If the defendant pleads not guilty, the judge will schedule a hearing. An advocacy agreement is an agreement between you and the government. In this document, you agree to plead guilty to a crime instead of having a trial. For example, in exchange for your plea, the prosecutor might agree to dismiss or reduce some of the charges or a particular verdict. The state may receive a pecuniary judgment against you for the total amount of the costs set by the judge. For more information about this process, see the Litigation Help topic. This does not affect your right to a court-appointed lawyer in another criminal case. If you miss your hearing date or are late to court, the judge may treat this as a no-show (“FTA”) and issue an arrest order. If you are later convicted, you could be charged a significant additional fee for an FTA during your case.
A free trade agreement can also result in your bond expiring, as noted above under the question “What happens to my bond if I don`t go to court?” If the charge against you relates to motor vehicle offences, your FTA may result in the withdrawal of your driver`s licence. After all, the lack of a hearing date for a criminal case is itself a new offence for which you could be charged. An unsecured obligation is a contract between you and the State. This is a written agreement that you will appear in court, including a promise of a sum of money that you will owe to the court if you do not show up on any of your hearing dates. If bail is not guaranteed, you do not have to pay the bail amount in advance to be released from prison. A “release” is the surrender of the defendant to a person or organization that agrees in writing to monitor the defendant while the matter is pending and to ensure that the defendant appears in court. Like a written promise, a prison release does not require payment or a promise of money for the accused to be released, but a prison release can be combined with other conditions of release, such as a loan. I am a victim of a crime. Do I need a lawyer in criminal court? Higher courts hear criminal cases, civil cases of $25,000 or more, and appeals from district courts. This court “sits” (holds a court) at least twice a year in each county of the state. In the busiest counties, several meetings may be held simultaneously each week.
Find out more. Prosecutors have some leeway in deciding which criminal complaint to file or whether to prosecute the case. An indictment officially begins with an indictment before a grand jury or the filing of a criminal complaint. When the jury finds guilty, judges often follow sentencing guidelines that tell them how much weight they should give to factors such as a defendant`s previous criminal convictions (if any) in designing an appropriate sentence. Because of the serious consequences of a guilty verdict, defendants in criminal cases have a number of constitutional rights, such as the right to a court-appointed lawyer if they cannot afford it, the right to remain silent, protection from inappropriate searches, and the right to a jury of peers. Payments can be made in person at the courthouse, by mail or online. Note that the Clerk of the Supreme Court cannot accept personal cheques. For more information about payment methods, see the question “How do I make a payment?” in the Court Fees help topic. A sentence may include imprisonment, a fine to be paid to the government, and reparations to victims of crime. Probation officers in the court apply the conditions of a criminal sentence imposed by the court. Supervision of offenders may include services such as drug testing and treatment programs, on-the-job counselling, and alternative detention options such as house arrest or electronic monitoring. If you have only signed a written promise or an unsecured bond, no guarantee has been provided to the court, so there is nothing to give.
If you or your family paid a bond to post the bond, the bondholder will generally not repay any money; The deposit debtor retains the premium as payment for the deposit reservation service. Similarly, if a private guarantor, such as a family member, has executed a secured bond but has not given the court any actual security such as money or a trust deed for his or her property, the bond simply terminates; There is nothing to give back.