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AG 1999 01 19
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AG 1999 01 19
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Last modified
3/25/2002 5:56:56 PM
Creation date
11/27/2017 11:48:25 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/19/1999
Board
Board of Commissioners
Meeting Type
Regular
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When it is determined that misdemeanor charges are proper, the defendant may decide to <br />plead guilty and be sentenced at that time. If the defendant pleads not guilty, the case <br />proceeds to trial, or a future court date may be set. A determination of proper felony <br />charges results in setting a date for a probable cause hearing, which the defendant may <br />waive. <br /> <br />Cabarrus County is a part of Judicial District 19-A. Three district court judges serve the <br />county. Criminal district court meets every Monday through Thursday, and traffic cases <br />and other matters are heard on two Fridays a month. Superior court is convened every <br />week in Cabarrus County, and occasionally sessions are added. One resident superior <br />court judge is assigned to Cabarrus County. <br /> <br />DISMISS OR DEFER CASE <br />At various points in the criminal justice process, the district attorney reviews the <br />circumstances of the case and determines whether or not to go forward. The prosecutor <br />has the authority to dismiss the charges, defer the case, or proceed to trial. Deferring <br />prosecution gives the defendant an opportunity to exhibit law abiding behavior for a <br />period of time, after which the charges are dismissed. Deferred prosecution is used <br />occasionally in Cabarrus. The district attorney determines when cases will be <br />calendared. The District Attorney's office serving Cabarrus has five assistants <br /> <br />FELONY,PROBABLE CA USE HEARING <br />In a felony case, after the first appearance proceeding, a probable cause hearing is held <br /> before a district court judge for defendants detained in jail and those released on <br /> bond. The probable cause hearing must be held within fifteen working days, unless <br /> the defendant waives the hearing. The judge has to hear enough evidence that <br /> probably there was a crime committed and probably this person did it. Actually, <br /> criminal justice professionals in Cabarrus said that if there is a "scintilla" of evidence <br /> that the accused could be guilty, the case typically goes forward. At the probable <br /> cause hearing, the following can occur: <br /> <br />· A felony charge can be reduced to a misdemeanor charge, and if the defendant pleads <br /> guilty to the lesser charge, the judge may proceed to sentencing; <br />· The State may offer no evidence, which results in a dismissal of the case by the <br /> judge; or, <br />· The case is heard, the judge finds probable cause, and the case is continued for <br /> arraignment. <br /> <br />FELO?vT GRAND JURY INDICTME~VT <br />When a defendant waives a probable cause hearing, or when probable cause is found by' <br />the court, the district attorney takes the case before the grand jury. The grand jury <br />consists of eighteen persons. The grand jury either returns a true bill of indictment (a <br />formal accusation which the grand jury agrees upon after hearing evidence behind closed <br />doors) or no true bill. If a true bill is not issued, the defendant is released from further <br />involvement with the court. Ifa true bill is issued, the offender is bound over to superior <br /> <br /> <br />
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