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North Carolina ABC Offenses For Which Court Appearance May Be Waived...

North Carolina ABC Offenses For Which Court Appearance May Be Waived (on or after Dec. 1, 2007)

Name: North Carolina ABC Offenses For Which Court Appearance May Be Waived (on or after Dec. 1, 2007)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.79 (480 reviews)

Category:

North Carolina Civil Procedure - Appearances

State:

North Carolina

Control #:

NC-ABC-01

Format:

Instant download

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Description

ABC Offenses For Which Court Appearance May Be Waived, is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

Adjudication: the judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction, or dismissal of the case.

You have a right to have a preliminary hearing within 10 court days of your initial arraignment. Even if you waive your right to have a speedy preliminary hearing within the initial 10 days, the court must still set your hearing within 60 days of your arraignment unless you waive this right as well.

Step 1: Arraignment. The first step in a criminal case is a court appearance called an arraignment, in which the charges against the defendant are read before a judge. Step 2: Preliminary Hearing. Step 3: 2nd Arraignment (Superior Court) Step 4: Pretrial Hearing & Motions. Step 5: Jury Trial.

Typically, sentencing will take place ninety days after a guilty plea or guilty verdict. Prior to sentencing, the judge must calculate the applicable guidelines range.

Initial Appearance This is the defendant's first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one.The judgeor at the defendant's request, a jurycan hear evidence on the charges and find the defendant guilty or not guilty.

The initial court appearance is usually pretty brief (1-10 minutes). The main actions that occur at the initial appearance are: The judge will provide the defendant with a copy of the criminal complaint. The complaint will list the charge or charges and the maximum possible penalty upon conviction.

Guilty. If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment.If the case is more serious, the judge probably will set a sentencing hearing and request a presentence report.

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

Investigation. Charging. Initial Hearing/Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.

North Carolina ABC Offenses For Which Court Appearance May Be Waived (on or after Dec. 1, 2007)

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