North Carolina Waiver of Personal Appearance at Arraignment is a document that allows a defendant to waive their right to appear in court for an arraignment. This document must be completed and signed by the defendant and their lawyer, and then submitted to the court prior to the arraignment date. The Waiver of Personal Appearance at Arraignment allows the defendant to have the arraignment handled without their physical presence in the courtroom. There are two types of North Carolina Waiver of Personal Appearance at Arraignment: Waiver of Appearance in District Court and Waiver of Appearance in Superior Court. The Waiver of Appearance in District Court applies to cases heard in District Court, while the Waiver of Appearance in Superior Court applies to cases heard in Superior Court. Both forms require the defendant’s signature and the signature of their lawyer. Once the Waiver of Personal Appearance at Arraignment has been signed, the court will proceed with the arraignment process without the defendant’s presence in the courtroom.
North Carolina Waiver of Personal Appearance at Arraignment
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FAQ
An arraignment is a proceeding whereby a defendant is brought before a judge having jurisdiction to try the offenses, and the judge advises the defendant of the pending charges and directs the defendant to plead to them.
(g) If after the first appearance before a district court judge a defendant with consent of counsel desires to waive his right to a probable-cause hearing, he may do so in writing filed with the court signed by defendant and his counsel. Upon waiver the defendant must be bound over to the superior court.
Defendant is entitled to have an ?initial appearance? promptly after arrest so that a judicial official (usually a magistrate) can inform the defendant of the charges against him and his right to counsel, and set pretrial release conditions.
The reason is that if a case is not ready for trial, the prosecutor has time, but he has other cases that are ready for trial, so he or she will often give the most attention to the oldest cases that are about to go to trial.
An arraignment is a proceeding whereby a defendant is brought before a judge having jurisdiction to try the offenses, and the judge advises the defendant of the pending charges and directs the defendant to plead to them.
At that time, the defendant learns more about his rights and the charges against him, arrangements are made for him to have an attorney, and the judge decides if the defendant will be held in prison or released until the trial.
During the arraignment, the judge will advise the defendant about the charges filed against them. The judge will also inform the defendant of their constitutional and legal rights. The judge will ask the defendant how they would like to plead ? guilty, not guilty, or no contest.
Defendant is entitled to have an ?initial appearance? promptly after arrest so that a judicial official (usually a magistrate) can inform the defendant of the charges against him and his right to counsel, and set pretrial release conditions.