If your case was resolved in District Court and you are satisfied with the out come (whether it was dismissed, plead, not guilty or guilty verdict) then you will not have to go to Superior Court. However, if you were found guilty in District Court (including pleas of Not Guilty but Not Resist a Guilty Verdict) then your case is moved up to Superior Court. In the Wake County Courthouse, Misdemeanor Appeals are heard in Courtroom 3D. In this room, the case starts a new. You or your attorney will be able to file pretrial motions, ask for continuances, and ultimately decide how the case will be handled. In some instances, the case will be remanded back to District Court for sentencing, others will have pretrial motion hearings, others will have their trial. If asking for a trial, the Defendant has the option of requesting a Jury Trial or Bench Trial.
What should be known about going to Superior court in Wake County is how backed up this courtroom is. The court starts on Monday where certain cases will be slated for pretrial hearings or trial. On Monday, it is a common experience for those going to this courtroom to be separated into two groups, A-M and N-Z. Those within the former group will have their calender heard first. Attorneys will make known what process will be taken in that particular case. Once they have made their way through A-M then the N-Z group will be let in and their calender will be heard. This normally takes all morning, and can go into the afternoon. Trials are then heard later in the week.
On this Monday Calender call, the courtroom is packed full of attorneys and defendants, and can seem daunting for those having to be there. This can be especially true for those who are in the N-Z group who won't have there matter heard until much later in the morning. Regardless of whether you are in the first group or second, it is important to be at court on time as you will otherwise be marked absence and your case will not be resolved until the end of both calendars.
This is but a small sampling of what can happen when appealing a North Carolina Misdemeanor Charge to Superior Court. If you are facing criminal charges in North Carolina, it is important to speak with a local Criminal attorney about your case. If you are facing charges in the Research Triangle Area, contact the Matheson Law Office for a free consultation on your case.