PreTrial Release
UNDERSTANDING THE JUDICIAL PROCESS
● WHAT HAPPENS WHEN YOU ARE ARRESTED
● THINGS TO DO BEFORE COURT
● THINGS TO DO IN COURT
● COURTROOM PROCEDURES
This brochure was prepared by Wake County Pretrial Release Program. It is a general guideline to jail and court procedures and is not intended to address all aspects of the judicial system. This brochure is also available in Spanish.
Funding for publication provided by The Junior League of Raleigh
UNDERSTANDING THE COURT PROCESS
At this point you are being charged with committing a crime under North Carolina law. This does not mean you are necessarily guilty of committing the crime you are being charged with. The following information is to help you understand what is going to happen to you in the next hour or so and in the court process and ways in which you can help the process go smoothly. This is a general outline and is not mean to cover all aspects of the jail/court system.
WHAT HAPPENS NOW?
1. Personal information will be gathered from you by the City/County Bureau of Investigation (CCBI) personnel. They will take your fingerprints, ask you where you live and who you live with and they will take your picture. The will also complete a National record check on you to see what you have been found guilty of in the past. Giving false information may be damaging to you in court and may confuse your record with someone else's record.
2. You will be taken to a holding cell to await seeing the Magistrate. The Magistrate will review your charge, your previous record and he/she will speak to the officer who arrested you. The Magistrate will then set a bond that he/she feels is appropriate to ensure that you will return to court on your court date. There are many types of bonds the Magistrate may set. You may receive an unsecured bond, a secured bond, a cash bond, a custody release or you may be released into the custody of the Wake County Pretrial Release Program. If you are charged with domestic violence you will not receive any bond until you see a district court judge or have been in jail for 48 hours (whichever comes first). If you are charged with murder you will not receive a bond. If you have been arrested for failing to appear in court on a previous court date, the judge on the day that you were scheduled to be in court may have already set your bond. Once you receive a secured bond or a cash bond you may either pay the bond in full, post a property bond or hire a bondsman to co-sign your bond for a 15% fee.
3. If you "bond out" or are otherwise released before your 2pm bond review (held on the next business day after your arrest) and are charged with a felony charge then you win need to go to courtroom 4-D in the Wake County Courthouse at 9am the next morning to receive your court date and to be interviewed for an Court appointed attorney.
4. If you do not "bond out," you will automatically he taken before a judge at 2pm on the next business day after your arrest to have your bond reviewed, receive a court date and be questioned regarding hiring an attorney or being eligible for a court appointed attorney. The situation surrounding your arrest will not be discussed at the 2pm bond review. If you qualify for a court appointed attorney, try to get the name and telephone number of the attorney before leaving the courtroom. If you cannot get your attorney's name, then ask the judge to please make sure that the attorney's name is given to you while you are in jail or before you leave the jail.
5. Be aware that it may take 3-4 days after your bond review before your attorney receives your paperwork. If you are still in jail you should be aware that some attorneys will not accept collect telephone calls from the jail. If that is the case, have a relative call the attorney and ask the attorney to come see you at the jail.
BEFORE COURT
1. If you have children, find a babysitter. Loud babies and children do not belong in the courtroom.
2. Plan to stay at least three hours. The courtroom will be very crowded and it may take a while before your case is heard
3. Dress appropriately. Dress as if you were going to church. If you are inappropriately dressed you may be asked to leave the courtroom. Do not wear anything that has cuss words on it or displays drugs, alcohol or violence.
4. Find out which courtroom you will be in before court. You can do this by calling the Clerk of Court's Office at 755-4110. Call the day before court, not the morning of court. Your attorney, bondsman or Pretrial Release caseworker may also be able to help you ..
5. Talk to your attorney in advance. The more your attorney understands about your case, the better off you are.
6. Bring all information (paperwork) about your case to court. This includes receipts, warranties or hand written documents. Bring an extra set of all your paperwork as well.
7. Adult references (adults who have known you for many years) may be able to help you in court. However, make sure that any references you bring are dressed appropriately and know how to behave and what to expect.
8. Bring a pencil and paper to court with you to take notes about your case and to write court dates. It is your responsibility to keep up with your court date.
WHEN IN COURT
1. Get to the courtroom ear front of the courtroom as possible. Do not talk in the courtroom.
2. When court starts, listen closely for your name to be called. Your name may be misspelled or mispronounced, so listen closely. When your name is called, speak loudly and clearly.
**If your name is called and you do not answer, it is the same as not being there!
COURTROOM PROCEDURES
When the judge enters the courtroom the bailiff will state, "All rise". The judge will then give the following instructions:
If you want to speak with the Assistant District Attorney before your case is heard, say "OPEN".
If you have an attorney, then state your attorney's name when I call your name.
If you want your case to be continued to another court date, then say "MOTION".
If you are pleading guilty or not guilty, then say "GUILTY" or "NOT GUILTY".
This will go quickly so be prepared and listen closely!
If you did not hear your name called the judge will ask you about your case. Speak up if your name was not called. You may be in the wrong Courtroom.
When your case is called you will be asked to stand 'before the judge to have your say. Show respect! Do not say, "naw", "yeah", or "so", Say, "Yes, your Honor" or No, your Honor".
After your case has been heard and a judgment has been reached make sure you understand the outcome. If your case was continued make sure you know when the next Court date will be. If you have any questions, ask them!
If you are found guilty you will need to have the money to pay your fine and the cost of court. The clerk in the courtroom will tell you where to pay your fine. Make sure that you have your case number with you each time that you come to make a payment. Keep all of your receipts!
If you get to court late, then stay in the courtroom. The Assistant District Attorney may call names a second time after court starts. If you are late and your name is not called then stay in the Courtroom until the end of court and let the judge know that you are there. This does not mean that your case will automatically be heard!
If you do not come to court, then all Order for Arrest will be issued for you that day! If you miss court then go to the Clerk's Office the day after court and ask for a "Motion To Strike Called and Failed". Read the instructions carefully and fill the form out completely. If you have a good reason for missing court (i.e., you were in the hospital on your court date or a family member died), attach written proof to the form and you will be assigned another court date. Asking for a new court date does not mean that it will be granted! It is your responsibility to get to courtroom on your court date and to get to court on time.
Written by: Chuck Johnson, ReEntry, Incorporated