North Carolina Judicial Branch

What is a “reasonable accommodation”?

A “reasonable accommodation” means that court personnel will try to work with you to provide access to court facilities, processes, or events. This may be a change or modification in policies, procedures, or practices that are necessary to provide equal access to the courthouse or court processes for a person with a disability. Depending on the circumstances, the reasonable accommodation you receive may not be your first choice of accommodation.

Who can I contact to request an accommodation for court?

Every county courthouse has a local Disability Access Coordinator who is responsible for coordinating accommodations. You or your attorney may contact your county's DAC at [email protected]. For example, if your court event is in Wake County, contact [email protected]. Another way to contact your local DAC is by completing the online Disability Access Request Form. The online form will send an email with your request details to your county’s DAC and a confirmation of your request to your email.

When should I request an accommodation for court?

Please make your request for a disability access accommodation to the court as soon as possible so that arrangements can be made, preferably at least two weeks before your court date because some accommodations take time to schedule.

How can I request an accommodation for court?

You or your attorney can request a reasonable accommodation for your participation in a court event by contacting your county’s DAC in person, over the phone, by letter, email, or by completing the online Disability Access Request Form. The online form will send an email with your request details to your county DAC and a confirmation of your request to your email.

What information do I need to provide to request an accommodation?

You will need to tell court personnel that you have a disability and describe your individual needs as a result. If your disability is not obvious, you may need to provide a note from your healthcare provider explaining your needs. The statewide protocol recommends that you provide the disability access coordinator with the following information:

1. County in which assistance is needed
2. Name and contact information for the individual needing assistance
3. Whether the individual needing assistance is the plaintiff, defendant, juror, witness, or court observer
4. Case file number
5. Date and time of hearing or other judicial activity
6. If applicable, the name, phone number, and email of the attorney representing the individual
7. Explanation of the nature of the disability
8. Exact type of reasonable accommodation(s) needed

Do I need to tell people what my disability is to get an accommodation?

No. You should explain to court personnel that you have a disability and any specific needs that you have.  If you need a note from your healthcare provider, the note does not have to say what your disability is, but it does have to explain how it affects you. For example, if you have diabetes, your note can say that you have a disability that requires you to eat regularly on a strict schedule. It is up to you whether you ask your healthcare provider to name your disability or not.

What legal resources are available to me as a person with a disability?

Disability Rights North Carolina provides legal assistance to people with disabilities in some situations. You can view resources for common issues faced by people with disabilities here. You can view additional resources for many areas of law commonly faced by people unable to hire an attorney here. See the Finding an Attorney Help Topic for information about finding a private or nonprofit attorney to assist you with your case.

I am Deaf / hard of hearing / Deaf-blind. How can I request an interpreter or communication access that meets my needs?

Use the online Disability Access Request Form or contact your local Disability Access Coordinator directly to request an American Sign Language (ASL) interpreter, Certified Deaf Interpreter (CDI), Communication Access Realtime Translation (CART) services, cued speech transliterator or other reasonable accommodations that would best meet your needs.

What is the difference between an ASL interpreter and a Certified Deaf Interpreter?

The first major difference is that ASL interpreters are typically hearing individuals whereas CDIs are born deaf or hard of hearing. ASL interpreters must go through extensive training to become professional interpreters for the Deaf community. CDIs, on the other hand, are already part of the Deaf community and have a strong sense of Deaf culture as a result of their upbringing. They are certified to provide interpreting services to Deaf consumers who may have linguistic impairments that prevent them from fully utilizing a traditional ASL interpreter. Second, for most ASL interpreters, ASL is their second language whereas it is the native language of CDIs. Because CDIs are native sign language communicators and part of the Deaf community, they can communicate more easily and clearly with Deaf individuals. CDIs specialize in the use of interpreting, gestures, miming, incorporating props, drawings and other tools to provide detailed deaf communication. As ASL interpreters are focused on interpreting spoken language into sign language, their signing may not always be as accurate. As a result, ASL interpreters and CDIs often work in tandem to produce more accurate interpretation. The ASL interpreter will interpret the spoken language into ASL for the CDI, who then interprets it for the Deaf individual. In turn, the Deaf individual will sign to the CDI, who interprets into ASL for the ASL interpreter, who then interprets into the spoken language.

Are all courthouses wheelchair accessible?

You are guaranteed the right of access to court proceedings. However, some older courthouses were built before the passage of the Americans with Disabilities Act in 1990, and may not be 100% accessible. For this reason, you should discuss your disability-related needs with your attorney or court personnel as early as you can. With appropriate notice, court personnel can ensure that court is held in a location that is accessible to you.

Can I bring medical devices with me to court?

Yes. You will generally need to go through a metal detector on entering the courthouse and may need to explain any devices that could cause an alarm.

Can I bring medication with me to court?

Yes. You can bring medications to court and take them during a recess, or step outside the courtroom to take them while other cases are being handled as long as you are available when your case is called. If you may need to take medications while your case is being handled, you should tell your attorney in advance. If you do not have an attorney, let the judge know when your case begins. When it comes time to take your medication, tell your attorney or respectfully let the judge know that you need to take a break.

What if my medications contain a controlled substance?

You can bring medications including controlled substances to court if necessary. It may be helpful to ensure that you bring the prescription bottle with a label showing that the medication has been prescribed to you in case of any confusion. If your medication may affect your ability to testify, you should explain this to your lawyer in advance, or to the judge when you are called to testify. If your medication may affect your behavior while in court, you should discuss this with the Disability Access Coordinator in advance, or let the bailiff know in the courtroom.

What are the rules for bringing a service animal to court?

Service animals are permitted to go wherever their handler goes, including courtrooms and other areas of the courthouse. Court personnel may ask you two questions to determine if your service animal meets the legal requirements for access: 1) Are you a person with a disability? and 2) What work or tasks does the animal perform for you? Court personnel can also ask you if the service animal is registered with the North Carolina service animal registry. If you have not registered your animal, this does not affect your ability to bring the animal to court. If your service animal interrupts court proceedings, the judge can order that the service animal be removed from the courtroom.

What are the rules for bringing an emotional support animal to court?

An emotional support animal (sometimes called therapy animals or assistance animals) are animals that help with the symptoms of a disability, but have not been individually trained as a service animal. These animals may be able to come to court on a case-by-case basis. You or your attorney should contact the courts about this accommodation in advance. Be prepared to explain how your emotional support animal would help you remain calm or otherwise assist you during court proceedings. Court personnel may need to meet the animal to observe its behavior and determine if it will interrupt court proceedings before agreeing to this accommodation.

Will the courts provide a transcript of the proceedings for me?

The courts do not provide written transcripts. If your hearing was in civil district or superior court or in criminal superior court, there will be an audio recording of the hearing. You can request the recording for a fee. Private court reporters can make an official transcript of the recording.  A list of approved Court Reporters may be found here.

What can I do if I believe a judge did not properly consider my disability when making a decision about my case?

Once a judge has made a decision, it can be overturned only by filing a motion to set aside the decision or through an appeal. An attorney can advise you about the best way to challenge a particular decision. You also have the right to file a complaint with the Judicial Standards Commission if you believe a judge has behaved unethically. Local Disability Access Coordinators, other court personnel, and the Administrative Office of the Courts staff cannot change a judge’s decision once it is made.

What can I do if I got to court and my agreed upon accommodations were not provided?

You should contact your local Disability Access Coordinator in your county. If not, you can explain your needs to court personnel.

What can I do if I believe the judge is ignoring my accommodations?

You or your attorney should respectfully explain your needs to the judge and contact your local Disability Access Coordinator if necessary.

What can I do if my local Disability Access Coordinator denied the accommodations I requested?

If you requested an accommodation from staff at your courthouse and your request was denied, you can follow the NCAOC’s Grievance Procedure and contact the Court Programs Division at (919) 890-1212 or [email protected].  Please be aware that if you contact the NCAOC without first discussing your request with staff at your local courthouse, you will be directed to contact your local Disability Access Coordinator or other local court personnel first.

Can I get an interpreter for a court case?

Yes. The courts provide interpreters at no cost to you for all civil and criminal court appearances in front of a judge, magistrate, or clerk of court. This includes criminal cases, traffic tickets, evictions, foreclosures, divorce, child support, child custody, guardianship, disputes about money, and others.

Court interpreters are also provided for child custody mediation, permanency mediation, and child planning conferences. The court will provide you an interpreter for court whether you have an attorney for your case or not. Interpreters are also provided for conversations between prosecutors and victims or witnesses, conversations between court-appointed attorneys and their clients, and conversations between Guardian ad Litem Program attorneys and the parties involved in the case.

When will the courts not provide interpreters?

The state does not cover the cost of an interpreter for:

• Communication between attorneys hired by the client (not court-appointed) and clients, except while a judge is hearing the case.
• Communication between Legal Aid attorneys or other non-profit attorneys and clients, except while a judge is hearing the case.
• Communication between people with a court case and Department of Social Services attorneys or Child Support Enforcement agents.
• Probation and parole functions.
• Law enforcement (police) functions.
• Criminal court mediations.
• Private mediations and arbitrations.

Who can get a court interpreter?

The courts will provide an interpreter in court for a “party in interest” who speaks a language other than English as a primary language and has a limited ability to read, speak, or understand English. You are a “party in interest” if you are:

• The person who filed the lawsuit (the “plaintiff”), the person being sued, or the person charged in a criminal case (the “defendant”)
• A victim in a criminal case
• A witness in any type of case
• A parent, legal guardian, or custodian of a minor party
• A legal guardian or custodian of an adult party

Do I have to pay for the interpreter provided by the state?

No. Court interpreters are provided at no cost to the parties.

What is the court interpreter’s role?

The interpreter will interpret everything you say into English and will interpret everything said in court in English into your language. The interpreter will interpret any communication between you and the judge, and any brief communication you need to have with your attorney during the hearing before the judge. The interpreter will not share any of the information outside of the court. The interpreter will not give legal advice or explain what is happening in court. If you have questions about what is happening, you should ask your attorney or the judge. The interpreter will interpret your questions for your attorney or the judge, but cannot answer questions for you.

If I speak some English, can I still get an interpreter?

Yes, if your ability to speak or understand English is limited.

What languages are available?

The Office of Language Access Services will find an interpreter for any language necessary so that a party in interest can fully and fairly participate in court. Many larger counties have Spanish court interpreters on staff. With advance notice, interpreters can be scheduled for many other languages. If you do not request the interpreter in advance, you still have a right to an interpreter in court, but your court date may be delayed.

Can a family member or friend interpret for me in court?

No, only authorized court interpreters can interpret in court. Family members or friends cannot interpret your testimony for the judge and cannot interpret the court proceedings for you.

How can I request an interpreter in advance?

If you have an attorney, your attorney can request an interpreter for you. If you do not have an attorney, you can request an interpreter yourself by completing the request form. Requests should be submitted by email at least 10 business days before your court date. You must email your request to your county’s Language Access Coordinator (LAC). The email address for your LAC will be [email protected]. For example, the Wake County LAC’s email would be [email protected]. If you have difficulty filling out the form due to language, you can email the county LAC or ask a clerk of court in your county for help.

What if I am in court and need an interpreter, but did not request one in advance?

If you need an interpreter, you can tell the judge when your case is called, or you can tell the courtroom clerk before your case is called. Depending on availability, an interpreter may or may not be available for you that day. If a qualified court interpreter is not available, your case will generally be “continued,” or postponed until another day.

Can an interpreter help me talk to court staff, such as the clerk of court, outside the courtroom?

Yes. Phone interpreting services are available to help you talk to court staff. Tell the staff person that you need an interpreter and they will arrange for an interpreter to assist you by phone.

How should I work with an interpreter?

• Do not expect the interpreter to listen to more than one person at a time. Wait for the interpreter to finish interpreting before you respond.
• Speak directly to the person asking the question or speaking to you, not to the court interpreter.
• Speak clearly and at a moderate pace, and remember to pause between complete thoughts to allow the interpreter to interpret. Be aware of the court interpreter’s hand signals to slow down or to stop talking so that he can interpret what you said.  Speaking in court is often stressful and may cause you to speak quickly, so make an effort to slow down.
• Remember that the judge will only know what you are saying if the interpreter has the opportunity to interpret it.
• If you choose to use an interpreter, you must testify entirely in your non-English language. You cannot testify partly in English and partly through an interpreter, even if you can speak and understand some English.

Can the other party object to a request for an interpreter?

No. Judges are instructed to always make sure that a qualified court interpreter is provided for anyone who requests an interpreter.

What should I do if I have concerns about the interpreter in court?

If you have an attorney, tell your attorney so he or she can address your concerns with the judge, if necessary. If you do not have an attorney, tell the judge your concerns. You can also file a complaint after court. See below for information about filing a complaint.

Can I get court forms or orders in another language?

Many official court forms are currently available in Spanish and Vietnamese. If you were given a court form in English, you can search for the bilingual version online by using the form number (beginning with AOC) or English title of the form, and choosing Spanish or Vietnamese.

Can an interpreter read forms or orders to me?

If you are in court on your court date, an interpreter can “sight translate,” or read court forms to you in your language. The court interpreter cannot answer questions you have about court forms. The courts do not provide interpreters to read forms you receive in the mail. The interpreter can interpret a judge’s verbal order while in court. You should make sure to ask the judge about anything you do not understand while you are in court. The courts do not provide translations of written orders entered after your court date.

What if I was denied an interpreter?

• You should speak up and let the judge know that you need an interpreter. If you are able to do so, explain what your needs are.
• If you are denied an interpreter, you can file a complaint with the Language Access Officer.

How can I find a private interpreter or translator?

If you need interpretation or translation that is not provided by the courts, you can hire your own interpreter or translator. You can find a list of certified Spanish language court interpreters and their contact information. For other languages, you can contact the Office of Language Access Services at (919) 890-1407 or [email protected].

Who can I contact with questions or complaints?

For general questions about Language Access, contact the Office of Language Access Services at (919) 890-1407 or [email protected]. You can submit complaints or concerns online here.

How can I view records in criminal cases?

Information about criminal cases in the North Carolina court system can be accessed by visiting a public, self-service terminal located at a clerk of court’s office in any county. You can use the terminal to search for cases by defendant name, case number, or victim or witness name. Paper files for court cases may be accessed by visiting the clerk of court’s office in the county where the case is located. Copies may be made of court documents for a fee. Also, see the Remote Public Access Program to learn more about licensing for data access and extracts.

For eCourts counties: You may search Portal online for case information and court records by name, case number, attorney, and more. Individuals performing background checks should use the county clerk's office for doing so, not Portal.

For media inquiries, view more information for members of the media.

How can I remove cases from my criminal record?

Depending on your circumstances, you may be eligible for an expunction. See the Expunctions Help Topic for more information.

How can I view records of civil, special proceeding, or estates cases?

Information about civil, special proceeding, or estates cases in the North Carolina court system can be accessed on the public, self-service terminals in the clerk of court’s office in any county. View a user’s manual for the system in which the information is stored. The file for a court case can be viewed by visiting the clerk of court’s office in the county where the case is located. Staff can provide copies of documents in court files for a fee. Also, see the Remote Public Access Program to learn more about licensing for data access and extracts.

For eCourts counties: You may search online for case information and court records by name, case number, attorney, and more. Individuals performing background checks should use the county clerk's office for doing so, not Portal.

How can I get copies of divorce judgments?

You can get a copy of a divorce judgment from the clerk of court’s office in the county where the divorce was granted for a fee.

How can I get copies of birth, marriage, divorce, or death certificates?

The Register of Deeds in the county where the event took place may be able to provide a copy of a birth, marriage, or death certificate. You can also get copies of these certificates, as well as divorce certificates, through North Carolina Vital Records.

How can I get a marriage license?

Marriage licenses are available from the Register of Deeds. See the Marriage Help Topic for more information.

How can I get copies of police reports?

You can request a copy of a police report from a law enforcement agency that investigated or otherwise was involved in the case. However, the complete report may not be a public record and may not be available unless the rules of discovery in a criminal case require it to be provided.

How can I find real estate records or deeds?

Deeds and most other real estate records are kept by the Register of Deeds office in the county where the real estate is located. Many Register of Deeds offices have their own websites. You can find contact information for your Register of Deeds. The clerk of court’s office has records of court proceedings affecting real estate, such as records of foreclosures, evictions, partitions, and condemnations, as well as estates, divorces, judgments, and liens on real property.

How can I request a public record?

See the Request a Public Record page to learn more and how to submit a request depending on the type of record for the Judicial Branch. Options may include online, by mail, or in person. 

For media inquiries, view more information for members of the media.

What is an official court reporter?

An official court reporter is a certified professional who captures a verbatim record of court proceedings and may prepare transcripts from said record for a variety of purposes, such as an appeal. Official court reporters are hired by senior resident superior court judges or the court reporting manager at the North Carolina Administrative Office of the Courts.

What is a digital recording technician?

A digital recording technician is an individual who records a court proceeding and prepares the necessary files for transcription later, if necessary. Digital recording technicians are hired by senior resident superior court judges.

What is the difference between a court reporter, digital recording technician, and a transcriptionist?

A transcriptionist listens to an audio recording of a court proceeding to prepare a written transcript. A transcriptionist does not attend the court proceeding, but rather listens to an audio recording made by the clerk and/or a digital recording technician present in the courtroom.

On the other hand, an official court reporter attends the court proceeding and is trained to use special technology to make a verbatim record of the proceeding. A digital recording technician attends the court proceeding as well and is trained to use special recording equipment and technology to make a recording along with detailed notes of the proceeding.

What is an official transcript?

An official transcript is a typed verbatim version of court proceedings prepared by the official court reporter in attendance or is typed from an audio recording made by the clerk or digital recording technician by a transcriptionist on this list.

When is a transcript prepared?

A transcript is prepared at the request of a party and requires the payment of fees to the transcriptionist or court reporter to prepare the typed version. Typically, transcripts are prepared for appeals. If you are entitled to a court-appointed attorney on appeal, transcript fees will usually be advanced on your behalf for an appeal.

How are transcripts used on appeal?

The transcript gives the appellate court a word-for-word record of what happened in the trial court. Also, when making arguments on appeal, the parties cite to certain portions of the transcript to support their positions.

How do I order a transcript?

• If you have an attorney, talk with your attorney about this process. You may be entitled to a transcript without paying costs in advance if you are entitled to a court-appointed attorney on appeal.
• If you are not eligible for a court-appointed attorney on appeal and need a transcript for an appeal, you should consult with an attorney. The Rules of Appellate Procedure contain several requirements and deadlines associated with transcripts on appeal. These requirements differ by case type (e.g., juvenile, civil, criminal).
• If you want a transcript for purposes other than appeal, you should contact the court reporter who was present during your proceeding and arrange to pay his/her fee for preparing the transcript. Court reporters set their rates independently, so questions about rates should be referred to the individual court reporter. If there was no court reporter present during the proceeding, there may be an audio recording available from the clerk.

Select the List of AOC-Approved Transcriptionists to view the current list of transcriptionists. Do you want to be a transcriptionist? Find out what is required to become an AOC-Approved Transcriptionist.

Are all court proceedings recorded?

No. For example, criminal district court proceedings (other than pleas in H and/or I felonies) are not recorded unless ordered by a judge. Appeals from criminal district court go to superior court for a new trial (rather than a review of the record of what happened in district court), so a transcript is unnecessary for that purpose.

If the clerk or digital recording technician made an audio recording of the proceeding, how do I request a copy?

If a court hearing was recorded by the clerk or a digital recording technician, you may request a copy of the audio recording from the clerk’s office in the county where the case is filed. In a case type that is not confidential, you may make the request on Form AOC-G-114. You will be charged for the actual cost of a CD if the recording is available. Some court proceedings are confidential, like juvenile cases and involuntary hospitalization cases. In confidential cases, you must request permission from the court for a copy of the recording on Form AOC-G-115.

What is the difference between criminal and civil court?

In criminal court, the government (usually referred to as “the State”) prosecutes a person for breaking the law, with the possibility of punishment like jail time or a fine. In civil court, one party files a lawsuit against another, asking for money or for a court order against the other party.

In North Carolina, the district attorney for each district is responsible for prosecuting all criminal cases (and infractions, discussed below). In civil cases, the party who filed the case is responsible for pursuing it, and the parties must obtain their own attorneys, unless they plan to represent themselves in court.

Can there be a civil lawsuit and criminal charges for the same event?

Yes. If someone is injured or their property is damaged due to a crime, that person also might sue the person who committed the crime. This civil lawsuit usually is intended for the victim to get money to make up for their loss and is a separate case from the criminal charge. See the Lawsuits Help Topic for more information. Additionally, victims of certain crimes like domestic violence, sexual assault, or stalking can file for civil orders requiring the defendant to stay away and have no contact with them. See the Domestic Violence Help Topic for more information.

Who is the “defendant?”

In a criminal case, a defendant is a person who has been charged with a crime (or an infraction).

What is a felony?

A felony is a serious crime that can carry severe punishments. In North Carolina, conviction for a felony also deprives a defendant of certain citizenship rights like the right to vote. Most of these rights, including the right to vote, can be restored after the sentence is fully served and any period of post-release supervision is completed.

What is a misdemeanor?

A misdemeanor is a crime less serious than a felony. Like a felony, conviction for a misdemeanor might result in fines and/or jail time, though the punishments for most misdemeanors are much less severe than for felonies. One important difference between a misdemeanor and a felony is that conviction for a misdemeanor generally does not cause the defendant to lose the rights of citizenship.

What is an infraction?

In North Carolina, an infraction is a non-criminal violation of the law. Many of the most commonly-charged traffic offenses are infractions, like failing to stop for a stop sign. Most infractions are punishable only by a fine (called a “penalty” in the case of an infraction), plus the payment of court costs. Although they are non-criminal violations, infractions generally are tried in criminal court and follow most of the same trial procedures as actual crimes (misdemeanors and felonies).

How can I tell whether I was charged with a felony, a misdemeanor, or an infraction?

Whether or not an offense is a crime or infraction depends on the statute (law) that was violated. You could look up the statute, or you can consult an attorney, if the statute is not clear. However, one quick way to tell what kind of offense was charged is to look at the case number on your citation (ticket), warrant, or other charging document. The case number begins with the last two digits of the year in which you were charged. For instance, cases charged in 2018 will begin with “18.” If the next two characters are “CR,” you were charged with at least one criminal offense (either a felony or misdemeanor). If the next two characters are “IF,” you were charged only with infractions in that case. Note that you might be charged with a crime and an infraction in the same case (in which case the next two letters will be CR because of the criminal offense), or you might have charges under multiple case numbers, some of which might be criminal and some of which might be infractions.

Can the victim dismiss the charges?

No. In a criminal or infraction case, the district attorney prosecutes the defendant on behalf of the State for a violation of the State’s laws. Therefore only the prosecutor or a judge has the power to drop or dismiss criminal charges. In some cases, the prosecutor might agree to dismiss the criminal charges if the victim requests a dismissal, but the prosecutor is not required to do so at the victim’s request. This is true both in cases with individual victims (such as assaults) and cases where the victim is a business (such as shoplifting).

How do I get a copy of a police report?

Law enforcement arrest reports and investigative reports are kept by the investigating law enforcement agencies. You can request a copy of a police report from a law enforcement agency that investigated or otherwise was involved in the case. However, the complete report might not be a public record and might not be available, except under the rules for discovery in some criminal cases.

How can I find out what happened in a court case?

You can look up the results of any North Carolina criminal case at the public computers located in each clerk of court’s office, or by contacting the clerk’s office in the county where the charge was filed to ask the clerk for assistance.

What are District Court and Superior Court?

North Carolina divides its trial court system into two levels: District Court and Superior Court. The two courts generally are located in the same courthouse in each county, but they have different judges and hear different types of cases. Misdemeanors and infractions are handled primarily in District Court before a judge, but a defendant convicted of a misdemeanor in District Court can appeal to Superior Court for a new trial. Felony cases often begin in District Court for pretrial matters, and some less serious felony cases can be resolved in District Court by a plea of guilty, but more serious felonies - and all felony trials - are resolved in Superior Court.

What are the steps in a criminal case?

The exact procedures for a particular case will vary, depending on factors like whether the offense charged is a crime or infraction, a felony or misdemeanor, and whether or not the defendant was arrested or just summoned or cited to appear in court, among others. Defendants with questions about how their cases are likely to proceed should consult with their attorneys for advice.

The following is a simplified version of the basic steps of the adult criminal justice process, provided by the North Carolina Conference of District Attorneys.

1. Offense – Crime is committed.
2. Investigation – Continues throughout the process.
3. Arrest – Defendant is charged. Bond is set after the arrest and can be reviewed at any court hearing.
4. First Appearance – Bond is reviewed. Defendant advised of rights.
5. Probable Cause Hearing – Felony cases only. Possible grand jury indictment.
6. Entry of Plea – Plea negotiations and guilty pleas can happen any time before a verdict.
7. Trial – Misdemeanor cases are generally tried in district court. Felony cases are presented in superior court.
8. Sentencing – If convicted, the defendant will be sentenced by a judge.
9. Appeal to a Higher Court – Not all cases are appealed.

What is “bond?”

In most cases, when you have been arrested for a pending criminal charge, you have a right to have a judge or magistrate set conditions of pretrial release, commonly called “bail” or “bond.” This generally occurs when you are first arrested and brought before a judicial official (usually a magistrate) for an “initial appearance.” The conditions of release may include paying or promising money to the court as a way of ensuring that you will return for your court dates. If that condition is met, the court will allow you to be free from jail until the case has been resolved. Other conditions of release also can be imposed, like staying away from a victim or witness. If you do not follow the conditions set by the court, you can be returned to jail.

Is there a “48-hour hold” after an arrest for domestic violence?

No. The law says that when a defendant is arrested for certain domestic violence crimes, only a judge can determine the conditions of the defendant’s release for the first 48 hours after arrest. The law does not require that the defendant be held for a full 48 hours, but during that initial time period, a magistrate or clerk cannot decide conditions of release. While magistrates generally are available at all times, most court sessions are held only during business hours. So, if you are arrested for a qualifying domestic violence offense when court is not in session, you might have to wait until the next session of court before conditions of release will be set. If a judge has not set conditions of release within those first 48 hours (for example, if you are arrested on a Friday evening), then a magistrate is authorized to set them once that period has passed.

What is a written promise to appear or a custody release?

The condition of release for a “written promise” is exactly what its name says: a written agreement that you will come to court on your court date. It does not require the payment or promise of money. A written promise to appear is usually available only for lower-level crimes. If you violate the written promise to appear by not showing up to court, you will be subject to arrest and may have to meet more stringent conditions to be released again.

A “custody release” involves release of the defendant to a person or organization that agrees in writing to supervise him while the case is pending and to make sure he comes to court. Like a written promise, a custody release does not require the payment or promise of money in order for the defendant to be released, but a custody release can be combined with other conditions of release, like a bond.

What is an unsecured bond?

An unsecured bond is a contract between you and the State. It is a written agreement that you will come to court, including the promise of an amount of money that you will owe the court if you fail to appear for any of your court dates. When a bond is unsecured, you do not have to pay the amount of the bond in advance in order to be released from jail.

What is a secured bond?

A secured bond is a contract between you and the State, and sometimes a third party called a “surety” (discussed more in the next question). It is a written agreement to come to court that also requires an amount of money or other security be provided to the court in advance, before you can be released from jail.

What if I can’t afford to post a secured bond?

If you cannot pay the full amount of a secured bond in advance with your own money (cash), you may give the State a mortgage on real property (land) that you own, such as your home, as security for your appearance in court. Using land as security for a bond will require recording a document called a “deed of trust” with the Register of Deeds in the county where the land is, which gives the State the right to foreclose on the property and sell it, if the bond is forfeited and the full amount is not paid. For more information about forfeiture, see “What happens to the bond if I don’t come to court?” later in this section.

If you do not have enough money or property to post your own bond, someone else, called a “surety,” may provide security on your behalf. The surety executes (signs) the bond paperwork along with you, promising the court that the surety will ensure your appearance at court and will be responsible for the amount of the bond along with you.

The surety might be someone like a family member or friend who is not compensated for posting the bond. The surety usually will have to provide the full amount of the bond in cash or a deed of trust to real property as security for the bond, just as you would if posting the bond on your own. In some counties, for bonds under a certain amount, a person might be allowed to serve as surety by executing the bond’s promise to pay without actually providing cash or a deed in advance. Before posting a bond, a person considering serving as a surety should consult an attorney about their options and the risks of doing so.

A surety also might be a bail bondsman, licensed by the North Carolina Department of Insurance to post bonds for compensation. A bondsman generally will require payment for providing this service, known as a “premium,” which usually is a percentage of the total amount of the bond. This premium is not returned when the case is over; it is the bondsman’s fee for posting the bond.

What about electronic house arrest for pretrial release?

A secured bond sometimes is combined with “house arrest with electronic monitoring,” for which you would be required to wear a monitoring device (usually an ankle bracelet) that tracks your location and alerts the authorities, if you leave home or go to locations prohibited by your conditions of release.

In some cases (usually for charges of impaired driving), your conditions of release might prohibit you from consuming alcohol while the case is pending. In those cases, you might be required to wear a different type of monitoring device that monitors your body chemistry and detects the consumption of alcohol to ensure compliance with that condition of release.

How can I have my bond reduced or modified?

Your attorney can ask a judge to modify your conditions of release (like reducing the amount of the bond), or you can ask the judge to do so yourself during a court appearance, if you do not have an attorney.

How do I post bond?

The procedures for posting bond vary by county. A custodial official (jailer) or magistrate generally can tell you how to post bond, including how to contact potential sureties (family members, friends, or a bondsman) who might be able to post bond for you. Some more complicated bonds, like those secured by a deed of trust to land or a house, usually will need the help of an attorney to prepare.

What happens to my bond if I don’t come to court?

Note: In addition to the forfeiture of bond discussed here, additional consequences of failing to appear are discussed below in the section about “Going to Court.” See the question, “What if I miss my court date?”

If you fail to appear in court as required, the court will order the bond “forfeited,” which means you may be required to pay the full amount of the bond to the court. The forfeiture might be recorded as a civil judgment against you, which the State can collect just like a judgment in a civil lawsuit. See the Lawsuits FAQ for more information about this process.

If the bond was posted with cash, the State simply will keep the cash to satisfy the judgment of forfeiture. If the bond was secured by a deed of trust to land, and the forfeiture is not paid in full, the State might foreclose on the land and sell it to collect the amount owed on the forfeiture.

If the bond was posted by a surety, then the surety is liable to the State for the bond along with you, so the State might attempt to collect from the surety’s assets (including foreclosing on property). If the surety was a bail bondsman, the bondsman will be required to pay the State the full amount of the bond (not just the premium), but you or your family members then might be required to pay the bondsman additional money as a result of any contract or agreement made when the bond was posted.

If you receive a notice from the court that a forfeiture has been ordered against you, you should consult an attorney immediately about your options.

How do I get my bond back after the case is over?

If you appear as required at all court hearings in the case, and no forfeiture is ordered, then you and any surety will be released from the bond obligation at the end of the case. This means that if you paid a bond in cash with your own money, then after the case is fully resolved, the clerk’s office will mail you a check for the bond at the address in the case file. If someone like a family member posted cash on your behalf and executed the bond as a surety, the clerk’s office will return the money to the surety. If a deed of trust to property was provided as security, then once the case is fully resolved, the clerk’s office will cancel the deed of trust, which releases the State’s claim on the land.

If you only signed a written promise or unsecured bond, then no security was provided to the court, so there is nothing to return. If you or your family paid a bail bondsman to post bond, the bondsman generally will not give any money back; the bail bondsman keeps the premium as payment for the service of posting the bond. Similarly, if a private surety like a family member executed a secured bond but did not provide the court with actual security like cash or a deed of trust to their property, the bond simply terminates; there is nothing to return.

How do I get a court-appointed attorney?

Generally, the judge will ask you at your first court date whether you want court-appointed counsel, to hire your own attorney, or to represent yourself. (In some counties, this step might occur at an initial appearance before a magistrate.) If you request a court-appointed attorney, you will need to provide information about your income and financial obligations, and the judge will decide whether you qualify for a court-appointed attorney.

What types of cases qualify for court-appointed attorneys?

Anyone accused of a crime that carries a possible sentence of jail time or a fine over $500 may qualify for a court-appointed attorney. Because infractions cannot result initially in a sentence to jail time, a defendant charged only with infractions is not entitled to a court-appointed attorney.

Do I have to pay for my court-appointed attorney?

If your case is dismissed or you are found not guilty, then you do not have to pay the cost of a court-appointed attorney. If you plead guilty or are found guilty, you must pay a $60 “appointment fee,” plus either an hourly rate for the time your attorney spent working on your case or a set amount (known as a “flat fee”) based on the type of case. If you are required to pay an hourly rate, your attorney will tell the judge when you are convicted how much time he or she spent on your case, so the judge can determine the total attorney’s fee for which you will be responsible.

What if I can’t afford to pay?

The state can get a money judgment against you for the total amount of the fee determined by the judge. See the Lawsuits Help Topic for more information about this process. This does not affect your right to a court-appointed attorney in another criminal case.

Can I fire my court-appointed attorney?

Yes, but you are not entitled to choose the court-appointed attorney you prefer. You can always hire a private attorney to represent you, even if you already have accepted court-appointed counsel. If you “fire” your court-appointed attorney, it is possible that you might not be appointed a new attorney and might be required to hire your own attorney or represent yourself.

If I turn down a court-appointed attorney, can I change my mind?

You can request a court-appointed attorney at any stage of the case, especially if your financial situation has changed. However, the judge is not required to appoint an attorney for you later in the case if you initially turn down a court-appointed attorney and then change your mind.

Will my court-appointed attorney be a public defender?

This varies by county. Some judicial districts have public defenders’ offices, and in those districts, most (but not all) court-appointed cases are handled by public defenders. In other judicial districts without a public defender’s office, private attorneys agree to take court appointments. If your district has a public defender’s office, your case still might be handled by a private attorney, if there is a conflict of interest or if the public defender’s office does not have an attorney available to take your case.

What are the qualifications of court-appointed attorneys?

Court-appointed attorneys, including public defenders and private attorneys, are all licensed attorneys in North Carolina, and have the same educational and professional requirements as other attorneys.

Can I represent myself in criminal court?

Yes, but that might be unwise. If you choose to represent yourself, the court will expect you to follow the same rules of evidence and procedure as a licensed attorney. Court officials like judges and clerks of court cannot help you with your case, such as by giving you legal advice about your rights and obligations, possible defenses, or the likely outcome of your case, or by helping you question witnesses properly at trial.

How can I hire an attorney to represent me in criminal court?

See the Finding an Attorney Help Topic for information.

When is my court date?

You can look up court dates for criminal cases here.

What if I miss my court date?

If you miss your court date, or if you are late to court, the judge might treat it as a Failure to Appear (“FTA”) and issue an order for your arrest. If you later are found guilty, you can be charged a substantial, additional fee for having an FTA during your case. An FTA also can result in your bond being forfeited, as discussed above under the question, “What happens to my bond if I don’t come to court?” If the charges against you include any motor vehicle offenses, your FTA might result in revocation of your drivers license. Finally, missing a court date for any criminal case is itself a new criminal offense for which you could be charged.

If you miss court, a judge can “strike” the FTA and give you a new court date but is not required to do so. Your attorney can assist you in making this request, or if you do not have an attorney, you can file the request yourself with the clerk of court. You should bring any documentation (proof) of your reason for missing court. If the judge chooses to strike your FTA, the judge also can excuse you from paying the FTA fee, can “recall” any order for arrest that might have issued against you, and may decide not to forfeit your bond, but all of those options are within the court’s discretion; the court is not required to do any of them.

Can I get a continuance?

The judge may agree to “continue” (postpone) your case to another court date. There is no guarantee that the court will grant a continuance, so you should be prepared to handle the case on your court date.

Can I talk to the judge privately about my case?

No, you cannot have a conversation with the judge about the facts of your case. Neither you, your attorney, nor the prosecutor can talk to the judge about your case, unless all parties are present. If you choose to have a trial, you can present your case to the judge during the trial.

Can I talk to the prosecutor about my case?

You can only talk to the prosecutor if you do not have an attorney representing you. If you have an attorney, the prosecutor generally is not allowed to speak to you without your attorney present, so your attorney will talk to the prosecutor for you. The prosecutor represents the other side of your case and therefore cannot give you legal advice and can use your statements against you.

What is deferred prosecution?

A deferred prosecution agreement is an agreement between a defendant and the State. The prosecutor agrees to dismiss the charges against the defendant after a period of time if the defendant meets certain conditions, which may include things like receiving treatment, completing community service, paying restitution, having no contact with the victim, and not being charged with additional crimes. If you do not abide by the conditions of the deferral, the prosecution resumes, and you still could be convicted of the crime.

What is a “90-96”?

A “90-96” is a type of deferral called a “conditional discharge” that is available to people who plead guilty or are found guilty in some drug-related cases, usually for first-time offenders. A conditional discharge is available for some non-drug offenses, also, but a “90-96” for drug offenses is the most common type of conditional discharge. For some cases, an offender is entitled to a conditional discharge, but in others, the judge decides whether to allow it. Typical requirements include a substance abuse assessment, drug treatment, drug screenings, community service, and not being charged with additional crimes. If you successfully complete the deferral by complying with all of the requirements imposed by the court, the charge will be dismissed.

Will my case go to trial?

Few criminal cases go to trial. Many cases are resolved through plea or deferral agreements, while some cases are dismissed by the prosecutor.

What is a plea agreement?

A plea agreement is an agreement between you and the government. In it, you agree to plead guilty to a crime rather than having a trial. In exchange for your plea, the prosecutor might agree, for example, to dismiss or reduce some of the charges, or to a specific sentence.

If I plead guilty, is that a conviction?

If you plead guilty to a criminal offense - a misdemeanor or felony - that counts as a conviction of the crime and it will appear on your criminal record. However, if you admit guilt as part of a deferral agreement or conditional discharge, as discussed above, and you satisfy all of the conditions, the charge eventually will be dismissed, and there will not be a conviction.

If you plead or are found responsible for only an infraction, which is a non-criminal violation, that is not a criminal conviction, but there might be other consequences. For example, being found responsible for a motor vehicle infraction might result in a suspension of your drivers license by the Division of Motor Vehicles or an increase in your car insurance premiums.

If I get credit for time served, is that a conviction?

Yes. If you plead guilty in exchange for a sentence of “time served,” this is a conviction that will appear on your criminal record.

Can I find out what the punishment will be in advance?

In some cases, the prosecutor and defendant agree on a sentence, which is included in the plea agreement. In other cases, there is no agreement, and the judge decides on the sentence only after the defendant pleads guilty or is convicted at trial. Judges must sentence defendants according to the sentencing laws that apply to each offense, which provide for a range of possible sentences, including fines, probation, and jail or prison time. Defendants may be required to pay additional money, such as for court costs and restitution to a victim. The sentencing options that apply to your case depend on the severity of the offense (with some significant differences between felonies and misdemeanors) and your prior criminal record. You can find the current sentencing charts for most criminal offenses here. Special sentencing rules apply to impaired driving cases.

What is a “suspended sentence”?

When a judge imposes a sentence, the judge will decide on the length of the sentence, and then decide whether you should serve probation instead of an active sentence in jail or prison. If the judge places you on probation, this is called a “suspended sentence,” because the judge “suspends” the active sentence in jail or prison as long as you abide by all the conditions of probation. If you successfully complete probation, you will not be required to serve the time in jail or prison. Be aware that some conditions of probation may include periods of incarceration.

What if I am ordered to pay a fine and costs?

If you are found guilty or responsible for an offense and required to pay a fine, court costs, or other monetary obligations, you should have the money ready to pay. Note that there is an additional, one-time fee added to cases for which the total monetary obligations are not paid on the date of conviction.

Payments can be made in person at the courthouse, by mail, or online. Note that the clerk of superior court cannot accept personal checks. For more information about methods of payment, see the question “How can I make a payment?” in the Court Costs Help Topic.

Can I appeal my case?

If you were convicted of a misdemeanor in District Court, you can appeal your case to Superior Court for a new trial before a jury (or before a judge, only, if you waive your right to a jury trial). If you were convicted in Superior Court, you may appeal your case to the State’s appellate courts, the Court of Appeals and possibly the Supreme Court. This will result in a new trial only under certain circumstances, if the appellate courts find error in the record of your case.

How do I file an appeal to Superior Court?

You can tell the judge in open court that you want to appeal, or you can file a notice of appeal with the clerk of court within 10 days of your conviction. Some courts will adjust your conditions of release for the appeal, which may require that you post an additional or increased bond.

Can I appeal my case to the Court of Appeals?

Defendants who are convicted in Superior Court have the right to ask the State’s appellate courts to review their case. This is not a new trial. The appellate court makes its decisions based on written legal arguments and sometimes based on oral arguments from attorneys. If you want to appeal to the appellate courts, you can give notice of appeal in court after your case is decided, or in writing to the clerk’s office afterward (generally within 14 days of the court’s decision). To ensure that your appeal is valid, you must follow the procedures outlined in the North Carolina Rules of Appellate Procedure. If the court has ordered you to serve an active sentence in jail or prison, you must begin serving that time during the appeal, unless the court decides that it is appropriate to release you on bond.

Can I get a court-appointed attorney for my appeal to the Court of Appeals?

Yes, a judge can appoint the Appellate Defender to represent defendants who are unable to pay for an attorney in appellate cases. Your appellate attorney will generally not be the same attorney who represented you in District or Superior Court. If your appeal is unsuccessful, you will be required to pay the hourly rate for your court-appointed appellate attorney.

What is a Motion for Appropriate Relief?

A motion for appropriate relief (MAR) is a request filed by a defendant asking a judge to undo a conviction or change a sentence. A judge can grant your MAR only if you can show legal grounds: for instance, that you received ineffective assistance of counsel or your sentence was not calculated according to the sentencing laws that applied to your case. You can view all of the possible grounds for a Motion for Appropriate Relief here.

Can I get a court-appointed attorney for a Motion for Appropriate Relief?

Yes, but if you do not hire a private attorney to represent you, you must first file the motion yourself. If a judge reviews your motion and determines that it is not frivolous, the judge will appoint an attorney to represent you. If the judge decides that all the claims in your motion are frivolous, the judge will deny the motion.

Do I need a lawyer?

If you are involved in a court case, or if you believe you have a claim against someone else or that someone else may have a claim against you, it is recommended that you contact an attorney for advice and/or representation. An attorney can explain your rights and obligations, advise you of the possible outcomes of your case based on the facts, attempt to negotiate a resolution of your case without a trial, file legal documents on your behalf, and represent you in any hearings.

In most cases, you have the right to represent yourself if you choose not to hire an attorney or are not able to do so. This is called proceeding “pro se.” If you represent yourself, you will be held to the same rules of procedure and evidence as a licensed attorney. These rules can be complicated, and there is not a single source of legal rules, which can be found in statutes, court decisions, and regulations, among other sources. Because of this, representing yourself can be difficult.

I would like to hire a lawyer. How do I find one?

Many people find lawyers based on personal recommendations from family or friends. Other attorneys in the area are often happy to recommend an attorney who may be able to assist you with your legal problem. There are also many online resources that can help you find a lawyer in your area.

• The North Carolina State Bar, which is the governing body for lawyers, keeps a list of lawyers who are certified specialists in different areas of law, such as criminal law, estate planning, or workers’ compensation. You may find that information online. The North Carolina State Bar also keeps a directory of all licensed attorneys, which you can search either by name or by city and state. This directory provides some contact information as well as information about whether the lawyer has ever been disciplined for misconduct. You may find that directory online.
• The North Carolina Bar Association, a private statewide lawyers’ organization, runs the Lawyer Referral Service, which provides referrals to potential clients. Not all lawyers participate in the Lawyer Referral Service, but participating lawyers agree to charge no more than $50 for an initial, 30-minute consultation. You can get a referral through the service by calling 1-800-662-7660 or online.
• The North Carolina Advocates for Justice is a private association of attorneys geared toward representing individuals in cases such as personal injury, medical malpractice, workers’ compensation, employment, civil rights, immigration, family law, and criminal and juvenile defense. The organization keeps a directory of lawyers based on location, languages spoken and practice areas. You may find that directory online.
• The North Carolina Association of Defense Attorneys is a private organization of attorneys geared toward representing businesses and individuals in civil (not criminal) cases such as medical malpractice, workers’ compensation, construction, employment, and commercial law. The organization keeps a directory of lawyers based on geographical location, which you can find online.
• You can find additional referral information and resources for the public, including information about how to choose the right lawyer for your case, through the State Bar.

How much does it cost to hire a lawyer?

Lawyers must charge reasonable fees, based on many factors, including the lawyer’s experience and skill, the complexity of the case, the amount of time and work involved, and other factors. In some cases, lawyers may charge “contingent fees,” meaning that the lawyer keeps a percentage of the money the client receives from the case rather than charging the client at the beginning. When hiring a lawyer, you should make sure you understand what you will be charged. You can find the rules about lawyers’ fees online.

Does it matter where my attorney’s office is located?

Most people hire attorneys who regularly practice in the county where the court case is filed. Some attorneys may be willing to travel for a case, but may charge travel expenses to the client. If your case is in the North Carolina state courts, at least one attorney involved in your case must be licensed to practice in North Carolina.

Can I get a court-appointed lawyer?

Court-appointed lawyers are available in certain cases for people who are unable to afford to hire an attorney. These cases include criminal cases where jail or prison time or a fine over $500 is a possibility; cases where Child Protective Services seeks to remove a parent’s children from the home; and cases involving involuntary commitment to a mental health facility or a petition to find a person incompetent and appoint a guardian. Court-appointed attorneys are not available for minor traffic violations or for most civil cases, such as divorce, child custody, Domestic Violence Protective Orders, evictions, foreclosures, or cases in which a person or company sues someone for money. You can find a full list of situations in which an attorney can be appointed.

How do I get a court-appointed lawyer in a criminal case?

You can request a court-appointed lawyer after you are charged with a crime. When you appear in court, the judge will ask you whether you want to have an attorney appointed, hire your own attorney, or represent yourself. If you want a court-appointed attorney, you may need to give the court information under oath about your income and expenses, so that the judge can determine whether you can afford to hire an attorney. Depending on your county, you may be appointed a public defender or a private attorney from an appointment list. In some counties, you may meet with your attorney on the same day. In other counties, information about your attorney will be provided to you so that you can contact the attorney. See the Criminal Law Help Topic for more information about court-appointed attorneys in criminal cases.

How can I find free legal assistance if I can’t afford an attorney?

Numerous organizations in North Carolina provide free legal assistance in specific types of cases. Note that all of these programs have their own eligibility criteria and application processes.

• eCourts Guide & File is available to help users prepare court documents online to file for certain case types.
• Legal Aid of North Carolina provides free legal assistance to low-income people across the state in a variety of legal areas, including domestic violence, landlord/tenant, foreclosure, public benefits, unemployment, consumer, education, criminal record expunctions, senior law, veterans’ law, and human trafficking cases. You can apply for assistance by calling 1-866-219-5262 or online.
• Charlotte Center for Legal Advocacy provides legal assistance to people living in the Charlotte area in a variety of legal areas, including consumer protection, foreclosure, health care and public benefits, tax disputes, domestic violence, immigration, veterans’ law, and senior law. You can apply for assistance by phone at 704-376-1600 or online.
• Pisgah Legal Services provides legal assistance to people living in Western North Carolina in a variety of legal areas, including consumer protection, domestic violence, health care and public benefits, immigration, criminal record expunctions, and senior law. You can apply for assistance by calling 828-253-0406 or view the organization’s website.
• The North Carolina Justice Center provides free legal assistance in cases including consumer protection, foreclosure, housing discrimination, immigration, immigrants’ rights, and workers’ rights. You can view the organization’s website.
• Disability Rights North Carolina provides free legal services in some disability-related cases to people with disabilities. You can view the organization’s website.
• North Carolina Prisoner Legal Services provides free legal services in certain types of cases to people who are incarcerated. You can view the organization’s website.
• North Carolina’s law school clinics provide a variety of free legal assistance, in areas including bankruptcy, landlord/tenant, education, community economic development, immigration, domestic violence, and senior law. You can find out more about each law school’s clinics by visiting their webpages: Campbell University School of Law (Raleigh), Duke University School of Law (Durham), Elon University School of Law (Greensboro), North Carolina Central University School of Law (Durham), UNC School of Law (Chapel Hill), Wake Forest University School of Law (Winston-Salem).
• The North Carolina Bar Association offers various services, including its annual 4ALL Statewide Service Day, where lawyers across the state provide free legal information by phone; NC Free Legal Answers, a virtual legal advice clinic; and NC LEAP, which provides legal services to low-wealth entrepreneurs.
• If you are a college student or member of the U.S. military, your school or branch of the military may offer some free legal services.
• Law firms, law schools, and nonprofit organizations periodically hold legal clinics, in which people can have one-on-one meetings with an attorney or law student to discuss their legal problems or for assistance in preparing some legal documents such as simple wills. You can find out more about legal clinics in your area through service providers or notifications in your local newspaper.
• Legal Aid of North Carolina runs group informational clinics across the state, where volunteer attorneys provide information about legal issues including divorce, child custody, tenants’ rights, and employees’ rights. You can view the clinic calendar online.
• Additional organizations provide assistance related to specific legal issues. You can view directories of North Carolina legal service providers on LawHelpNC and on the NCBA’s website.

I received a traffic ticket. Do I have to go to court? Are there ways I can handle my case online?

All traffic tickets include a court date, but you may be able to dispose of your case without appearing in court. The options include (i) “waiving” (discussed in the next question), which may be done online, in person, or by mail, or (ii) requesting an online reduction or online dismissal from the District Attorney’s office. To determine the online options available to you, go to Citation Services.

What does it mean to “waive” a traffic offense?

For some traffic offenses, such as minor speeding violations and equipment violations, you have the option of handling your case without going to court by paying the fine and court costs before your court date. These offenses are often called “waivable” offenses, because if you choose this option, you “waive,” or give up, your right to appear in court and contest the ticket. If you “waive” an offense by paying in full rather than going to court, you will be treated as if you were found guilty or responsible as charged, including any effects on your driver’s license or automobile insurance. If you choose not to waive an offense, you can attend court, or in some cases an attorney can appear in court for you.

How do I know whether my ticket is waivable?

Law enforcement officers typically note on the ticket whether the offense is waivable, and, if so, the fine and court costs that you must pay in order to waive. Each year the chief district court judges review and publish the list of offenses that may be waived. You can view a complete list of waivable offenses here, and a list of offenses that require a court appearance here.

How do I waive an offense?

As noted above, you can waive online, in person at the courthouse in the county where you were charged, or by mail. Follow the waiver instructions on your traffic citation. If you waive online, you must pay with a credit or debit card. If you waive in person, you may do so before a clerk or a magistrate by signing the waiver portion of your traffic citation and paying the required amount. If paying in person before a clerk or magistrate, you must pay by certified check, cashier’s check, or money order, made payable to the Clerk of Superior Court, or by cash. You also may pay by credit or debit card if you are waiving in person before the clerk. If waiving by mail, you must date and sign the waiver portion of your citation, and mail the citation along with your payment to the Clerk of Superior Court in the county where you were charged using the address provided in the waiver instructions on your citation. If paying by mail, you must pay by certified check, cashier’s check, or money order, payable to the Clerk of Superior Court. Do not mail a personal check or cash.

For more information, also view the Criminal and Infraction Court Costs Help Topic.

What are the online disposition options for a reduction or dismissal?

To determine whether requesting an online reduction or an online dismissal is an option in your case, go to Citation Services. For certain speeding offenses, the District Attorney’s office may agree to process an online reduction of the charge to a less serious offense. For certain “correctable” traffic offenses (for example, an expired inspection), the District Attorney’s office may agree to process an online dismissal of the charge upon receiving proof that you have corrected the problem.

I got a ticket outside my home county. Can I handle the ticket in my home county?

If the offense is one you may dispose of online or waive by paying by mail, you do not need to appear in person at the courthouse in the county where you were charged if you dispose of the offense online or waive by mail. If you prefer waive in person, you must make the payment at the courthouse in the county where you were charged. If you choose to or are required to appear in court to answer the charge, you must attend court in the county where you received the ticket. In some cases, an attorney can appear on your behalf without the need for you to appear in court personally.

How will my ticket affect my driver’s license?

The court system reports final convictions and findings of responsibility for traffic violations to the North Carolina Division of Motor Vehicles (NC DMV). The NC DMV (or the DMV in your home state if you are licensed elsewhere) can assess points or take other action against your driver’s license for traffic violations if you are found guilty or responsible, including by waiving the offense. If you accumulate too many driver’s license points, your driver’s license can be suspended. Some serious offenses, such as driving while impaired, require your license to be suspended regardless of your prior record. You can find more information about driver’s license points and offenses that result in suspensions in the North Carolina Driver’s Handbook.

How will my ticket affect my automobile insurance?

If you are found guilty or responsible for a traffic offense, this could affect your automobile insurance rates. You can view a chart showing insurance points for various offenses on Pages 7 and 8 of the Consumer’s Guide to Automobile Insurance, produced by the North Carolina Department of Insurance.

Where can I get a copy of my driving record or a crash report?

For information on obtaining a copy of your North Carolina driving record or crash report, view the information on the NC DMV website.

How can I find out what happened in a case?

You can look up the results of any North Carolina criminal or traffic case at the public terminals located in each clerk of court’s office, or by contacting a clerk of court’s office and asking staff to look it up for you.

When is my court date?

You can look up court dates for traffic cases here.

What should I expect in court?

This depends on your county. Traffic tickets in North Carolina are handled by a prosecutor, and trials and pleas of guilty or responsible are heard by a district court judge. Larger counties typically have a dedicated traffic court, and if you choose to represent yourself, you will generally have the opportunity to speak to a prosecutor (also known as an assistant district attorney, or ADA) about the possibility of a reduced charge. In smaller counties, traffic tickets are often handled in criminal court alongside misdemeanor cases. Hundreds of traffic cases may be scheduled for the same court session, so you should come to court prepared to wait for several hours. In some counties, arriving to traffic court early can put you at the front of the line. In other counties, cases are called based on case number, which depends on the date you received the ticket. You can contact the clerk of court in your county or an attorney to learn more about what to expect.

Do I need an attorney for traffic court?

You have the right to hire an attorney for any traffic violation, but are not required to do so. An attorney can advise you on the consequences of a ticket in your situation, negotiate with the prosecutor on your behalf, and represent you in a hearing if needed. In some traffic cases, an attorney may appear on your behalf in traffic court, and you will not be required to attend. See the Finding an Attorney FAQ for more information about locating an attorney. For offenses with the potential for jail time or a fine of over $500, you can request a court-appointed lawyer if you are unable to hire your own attorney. If you choose to represent yourself, the court will expect you to follow the same rules of evidence and procedure as a licensed attorney. Court officials like judges and clerks of court cannot help you with your case, such as by giving you legal advice about your rights and obligations, possible defenses, or the likely outcome of your case, or by helping you question witnesses properly at trial.

Will my case go to trial?

Traffic cases often are resolved without a full trial. However, you have the right to a trial if you choose to request one.

What happens if I miss my court date?

• If you do not appear in court, your case will be marked “called and failed.” After 20 days, a Failure to Appear will be issued against you, which may result in an additional failure to appear fee (often called the “FTA fee”) if you are found guilty or responsible for the offense.
• After 20 days have passed from your failure to appear, if you still have not appeared in court to answer the charge or disposed of the case, the court will notify the NC DMV of your failure to appear, and the DMV will suspend your driver’s license indefinitely until you resolve the case. You will receive a notice of revocation from the NC DMV. If you resolve the case before the revocation goes into effect, you can avoid the revocation.
• In some cases, a failure to appear can result in an order for your arrest. If you were arrested for the offense and released on bond, failing to appear can cause you to “forfeit,” or lose, the bond.

What can I do if I missed my court date?

If you miss your court date, you may be able to reschedule your case for a new court date with the clerk of court’s office, particularly if no order for your arrest was issued. If a Failure to Appear is issued, in some cases a judge can “strike” the Failure to Appear and give you a new court date. Your attorney can assist you in making this request, or if you do not have an attorney, you can file it yourself with the clerk of court. You should bring proof of your reason for missing court. If the judge chooses to strike your Failure to Appear, the judge can also cancel the failure to appear fee and any bond forfeiture. For more on this, see the “What if I miss my court date?” question in the Criminal Cases Help Topic.

Can I get a continuance?

The judge may agree to “continue,” or postpone, your case to another court date. There is no guarantee that you will receive a continuance, so you should be prepared to handle the case on your court date.

Can I talk to the judge about my case?

No, you cannot have a conversation with the judge about the facts of your case. Neither you, your attorney, nor the prosecutor can talk to the judge about your case unless all parties are present. If you choose to have a trial, you can present your case to the judge during the trial.

Can I talk to the prosecutor about my case?

You can talk to the prosecutor about your case if you do not have an attorney representing you. If you have an attorney, the prosecutor is not allowed to speak to you without your attorney present, so your attorney will talk to the prosecutor for you. The prosecutor represents the other side of your case and therefore cannot give you legal advice and can use your statements against you.

Are there deferral programs, such as driving school, in which I can participate in exchange for a reduction of the charge?

Deferral and reduction options vary from district to district. You can consult an attorney about the options in your county, or discuss this with the prosecutor in court. As explained above, there also may be online options for having your charge dismissed or reduced. To determine the online options available to you, go to Citation Services.

What is a “prayer for judgment continued” or “PJC”?

A “PJC,” or “prayer for judgment continued,” is an option for disposing of the offense that is available in some traffic cases. A judge can grant a PJC instead of imposing a fine, though you will still be required to pay court costs. There are circumstances when a PJC still will be considered a conviction for the purposes of driver’s license and insurance points. An attorney can advise you about whether requesting a PJC may be beneficial in your case.

Can I have a jury trial on my ticket?

Jury trials are not available in District Court, where misdemeanor and infraction traffic tickets are initially heard. More serious traffic tickets are charged as misdemeanors, which can be appealed to Superior Court for a jury trial (or for a trial before a judge if you waive your right to a jury trial) if you are found guilty after a trial before a judge in District Court.

Can I appeal the judge’s decision on my ticket?

If you are convicted of a misdemeanor traffic ticket in District Court, you can appeal for a new trial in Superior Court. If you are convicted in Superior Court, you can appeal to the Court of Appeals. For more information on appeals, see the Criminal Cases Help Topic.

How can I tell whether I was charged with a misdemeanor or an infraction?

Whether or not an offense is a crime or infraction depends on the statute (law) that was violated. You could look up the statute, or you can consult an attorney if the statute is not clear. However, one quick way to tell what kind of offense was charged is to look at the case number on your citation (ticket), warrant, or other charging document. The case number begins with the last two digits of the year in which you were charged. For instance, cases charged in 2018 will begin with “18.” If the next two characters are “CR,” you were charged with at least one criminal offense (for example, a misdemeanor). If the next two characters are “IF,” you were charged only with infractions in that case. Note that you might be charged with a crime and an infraction in the same case (in which case the next two letters will be CR because of the criminal offense), or you might have charges under multiple case numbers, some of which might be criminal and some of which might be infractions.

How do I calculate the cost of my ticket?

If your case is disposed in court by a judge, the judge will determine the appropriate amount you must pay (fine, court costs, and possible other fees) based on the statutes that apply to your case. If you dispose of your case by waiver, you must pay the amount set for the offense on the traffic offenses waiver list. The chief district court judges determine the amounts due for waivable offenses. The traffic offenses waiver list is available here. For more information on court costs, view the Court Costs Help Topic.

How can I pay my ticket if I decide to waive?

See the question “How do I waive an offense?” earlier in this Help Topic.

For more information, also view the Criminal and Infraction Court Costs Help Topic.

Can I waive by paying my ticket online on the day I am supposed to appear in court?

If Citation Services allows you to complete the transaction, then you can waive online, even on the day you are supposed to appear in court. To allow time for your payment to be processed, however, you should try to pay at least 24 hours before you are scheduled to appear in court. This will allow you time to confirm payment and ensure that you are not expected in court.

Can I pay a ticket with a past court date?

Yes, but if you missed your court date and your payment is processed after you were scheduled to appear in court, it is possible that the court has issued an order for your arrest for your failure to appear, and the court may have reported your failure to appear to the NC DMV and assessed the additional failure to appear fee. You can contact the clerk of court’s office to learn what happened in your case.  For more information, see the question “What happens if I miss my court date?” earlier in this Help Topics.

What happens if I don’t pay my ticket?

If you missed your court date, then once 20 days have passed from your court date, the court will report your failure to appear to the NC DMV if you still have not appeared in court to answer the charge or disposed of the case. If your case was disposed in court by a judge, and you failed to pay the amount ordered by the judge within the time ordered by the judge, then once 40 days have passed from the failure to pay, the court will report your failure to pay to the NC DMV if you still have not paid. The NC DMV then will revoke your license based on the failure to appear in court or the failure to pay. If you failed to appear in court, your license will remain revoked until you either (i) dispose of the charge or (ii) demonstrate to the court that you are not the person charged with the offense. If you failed to pay as required by the court, then your license will remain revoked until you either (i) pay the amount ordered by the court, or (ii) demonstrate to the court that your failure to pay was not willful and that you are making a good faith effort to pay, or that the amount should be remitted. You will receive a notification of revocation from the NC DMV. If you resolve the case before the revocation goes into effect, you can avoid the revocation.

Can I pay or handle my ticket online from another country outside of the U.S.?

The North Carolina courts do not allow international network traffic on the online services network. If you are able to log into a Virtual Private Network (VPN) that is located inside the U.S., you should be able to access the Citation Services page directly.

If you choose to pay the citation, the website is provided as an alternative method to a payment in person or via mail. If the website is not available, it remains your responsibility to make timely payments to the courthouse or appear in court as noted in the citation. See the questions above for more information.

You may direct questions about your citation, or find other payment options, to the Clerk of Superior Court office in the county in which the citation was issued.

When can a driver’s license be revoked?

Driver’s licenses can be revoked for many reasons, including (among other examples) the following: a conviction for certain offenses, such as driving while impaired and excessive speeding; refusing to take a breath or blood test when arrested for driving while impaired; accumulating too many driver’s license points for traffic offenses; and failing to appear for, or failing to pay, a traffic ticket. You can read more about the revocation and restoration of driver’s licenses in the North Carolina Driver’s Handbook.

What is a limited driving privilege?

A limited driving privilege is a document signed by a judge that allows a person whose license has been suspended or revoked to drive for certain limited purposes, such as driving to and from work, or driving for emergency medical care. If a judge has issued a limited driving privilege to you, you should take care to drive within the limitations the judge has set. If you violate the conditions of the privilege, you may be charged with driving while license revoked.

How do I file for a limited driving privilege, and what are the requirements?

Whether you are eligible to receive a limited driving privilege, and the procedures and fees that apply to the filing and issuance of the privilege, will depend on your particular situation, including the reason for your revocation. You can discuss your limited driving privilege eligibility with an attorney. For assistance in locating an attorney, see the Find an Attorney Help Topic.