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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/19/1999
Board
Board of Commissioners
Meeting Type
Regular
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court to answer the allegations. The grand jury process is a formality which generally <br />does result in an indictment. <br /> <br />FELONY ARRAIGNMENT <br />Superior court is designed to handle all felony cases, as well as any misdemeanor cases <br />that have been appealed from district court. <br /> <br />If the district attorney receives a true bill of indictment from the grand jury, an <br />arraignment hearing is held in superior court where the charges against the individual are <br />heard by the seated superior court judge. A plea of guilty or not guilty is heard by the <br />judge and the plea is then entered. Several things can occur at this hearing: <br /> <br /> The defendant enters a guilty plea and is sentenced, or the case is continued for a <br /> hearing at a later date; <br /> The superior court judge may appoint an attorney for the defendant; <br /> A plea bargain arrangement may be entered into by the defense attorney and the <br /> district attorney; <br />· The judge may reduce or increase bond; <br />· The judge may dismiss all charges against the defendant and/or <br />· The defendant enters a not guilty plea, and the judge may order a jury trial and set the <br /> trial date. <br /> <br />The arraignment may be waived by a defendant pleading not guilty only if the defendant <br />is represented by counsel. <br /> <br />MISDEME~ANOR OR FELONY TRIAL AND SENTENCING <br />Misdemeanor cases are disposed of in district court, though they may be appealed to <br />superior court. During a district court trial, the defendant may plead guilty to a <br />misdemeanor and be sentenced by the judge, since misdemeanants are not entitled to a <br />jury trial. Defendants who plead guilty are often given "credit for time served" which is <br />credit for serving an active sentence, even though the defendant had been in pretrial <br />status in the jail. <br /> <br />If a defendant pleads "not guilty", a trial is held. If a trial is held, both defense and <br />prosecution present evidence and the district court judge renders a verdict of guilty or not <br />guilty. If the defendant is found not guilty s/he is released. Ifa defendant is found guilty, <br />the judge imposes sentence. <br /> <br />The sentence imposed by the judge may be appealed to superior court immediately or at <br />any time within a ten day period. At the trial in superior court, the defendant will either <br />voluntarily plead guilty to a felony or misdemeanor, be acquitted by a twelve member <br />jury, in which case s/he is set free and any bond is returned, or be found guilty by the <br />jury. Before imposing the sentence, the judge sometimes seeks information from law <br />enforcement or probation officers. Sentences imposed in superior court may be' appealed <br />to the North Carolina appellate courts under certain circumstances. <br /> <br /> <br />
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