North Carolina Criminal Law UpdatesWhen you face criminal charges in Wake County, whether it’s for a DUI, a domestic violence assault, or even a drug charge, you 
step into a world of sometimes complicated legal terms. From the Wake County Justice Center in downtown Raleigh to conversations with your criminal lawyer, you’ll likely hear words and phrases that might be new to you.
It’s OK to be a bit overwhelmed. That’s normal, and that’s also why having a lawyer on your side makes sense.
The criminal justice system uses specific language – words that often have exact legal meanings. These meanings can matter when they describe what’s happening in your case. You might hear certain terms from judges, lawyers, or court staff. You might also see them in court papers. And you might need to use them yourself when talking to your criminal lawyer.
Wake County handles thousands of criminal cases each year. Whether your case is in district court or superior court, understanding basic legal terms helps you follow your case. This guide explains some common words you might hear during the court process.
We break down these terms in the order you might hear them – from your first court date through the end of your case. Each explanation includes some examples of how the term is used. Remember that cases differ, and these examples show only how to understand the words.
We think it’s a good idea to consult with an experienced defense lawyer about the specifics of your unique legal matter. Raleigh Criminal Lawyer John Fanney is available for consultation: 919-617-7009.
FIRST STEPS IN A CRIMINAL CASE
A good place to start involves the terms that define your situation. A “charge” means the State of North Carolina claims you broke the law. The charging document might be a citation, a magistrate’s order, a Warrant for Arrest, or a criminal summons. Each of these official court documents tells you what law the State says you broke and when you need to come to court.
A “first appearance” happens when you come to court for the first time. It could involve both misdemeanor or felony charges, depending on the circumstances of the allegations. During this court date, the judge or other court official tells you about your charges and may explain some of your rights. A judge may ask if you want to hire a lawyer, apply for a court-appointed lawyer, or represent yourself. In Wake County, first appearances happen in district court, even though felony cases often end up in superior court.
An “arraignment” differs from a first appearance. At an arraignment, you tell the court whether you plead guilty or not guilty. In district court, arraignments often happen on your first court date. In superior court, you might have an arraignment weeks or months after your case starts. You have the right to hear the charges against you in open court during your arraignment. That what the term “formal reading of charges” means. You or your lawyer may waive the “formal reading” if you’re aware of the nature and circumstances of the allegations.
“Service” or “Service of Process” means you received your court papers. You might get “served” with a warrant or indictment when law enforcement arrests you. You might get “served” with a criminal summons when a Wake County Sheriff’s Department Officer brings it to your house. You might get “served” with a court order when the clerk hands it to you in court. Service matters because it provides formal notice of different matters and starts deadlines in your case.
What you need to know about Jury Trials in Wake County
Your “rights” include specific things the law says you can do or have during your case. You have the right to remain silent. You have the right to a lawyer. You have the right to a trial by jury. You have the right to cross-examine and confront the evidence and witnesses against you. The judge will tell you about your rights at your first court date. These rights stay with you through your whole case.
TYPES OF COURT DATES IN RALEIGH
Most cases move through different types of court dates. An “administrative” court date lets you, your lawyer, and the prosecutor 
discuss your case. That might involve reviewing the evidence, finding possible resolutions, or determining whether you need more time. These court dates help prepare your case for trial or for a plea or maybe even some sort of deferral, deferred prosecution, or conditional discharge. Again, each case is different.
An initial “probable cause hearing” happens in district court when you face felony charges. At this hearing, the State must show evidence that supports the charges against you. The judge decides if the case should move to superior court. The prosecutor might call witnesses. Your lawyer can ask these witnesses questions. You have the right to hear this evidence in open court.
Probable Cause hearings are relatively complicated, technical, and to some extent tactical. In many instances we waive the PC hearing in District Court, which has certain benefits – John Fanney, Raleigh Criminal Lawyer
“Motion hearings” focus on specific requests to the court. Your lawyer might file a motion about evidence in your case. That may include a Motion to Suppress or even a Motion to Dismiss for lack of Reasonable Suspicion or lack of Probable Cause to Arrest, which is different than a District Court Probable Cause determination to transfer a matter to Superior Court for prosecution.
The prosecutor also might file a motion about witnesses and the exchange of information and discovery. At the hearing, each side explains their position to the judge. The judge then makes a decision about the motion. These hearings can happen during different stages in your case. Again, a lot depends on the type of criminal charges and the local protocols and Rules of Court for Wake County NC.
“Calendar call” ordinarily starts each court session. The District Attorney (and sometimes the Judge) takes attendance of everyone with a case. When you hear your name, you or your lawyer must tell the judge you’re present. Calendar call helps the Court (the Judge) know which cases can move forward that day. It also lets the judge decide what order to handle cases.
Lawyers often refer to the Judge as ‘the Court’ or ‘Your Honor.’ They mean the same thing – John Fanney, DUI Lawyer in Raleigh NC
A “trial date” means your case goes before a judge or jury for a final decision. In district court, the judge hears the evidence and decides if you’re guilty or not guilty. In superior court, you can choose between a jury trial or a trial by judge for many criminal charges (there are certain notable exceptions and requirements). At trial, both sides may present evidence, question witnesses, and make arguments.
The defendant, the person facing criminal charges, is not required to present evidence. For that matter, the defendant doesn’t have to do anything. The State (the prosecutor) carries the Burden of Proof and Burden of Production.
For criminal charges in North Carolina, the legal standard of proof is Proof Beyond a Reasonable Doubt.
TALKING WITH YOUR CRIMINAL LAWYER: COMMON TERMS MAY HEAR
During meetings with your lawyer, you’ll likely hear terms that describe different parts of your case. “Discovery” means the evidence in your case. This may include police reports, witness statements, videos, or photos. The prosecutor is not always required this evidence with your lawyer. Your lawyer will review any provided evidence with you to help you understand your case.
While it’s clearly unfair, there is no ‘traditional right to discovery’ in misdemeanor criminal charges in District Court. That often comes as a surprise to clients. It also highlights the importance of independly reviewing different sources of potential evidence that may include police reports, body worn camera videos, and witness statements – John Fanney, Criminal Defense Attorney in Wake County NC
“Motions” are requests you make to the Court. A “motion to suppress” asks the judge to keep certain evidence out of your trial. A “motion to dismiss” asks the judge to end your case through a “dismissal.” A “motion to continue” asks for more time. Your lawyer files these motions in writing or makes them in open court.
Trial Tactics for Criminal Charges
You might hear about “plea offers” from the prosecutor through your lawyer. A plea offer suggests a way to resolve your case without a trial. The offer may include what charge you would plead guilty to and what punishment the prosecutor recommends. You decide whether to accept a plea offer. No one can force you to take a plea against your wishes.
“Elements”or essential elements or prima facie elements are the parts of a crime the State must prove. Each charge has specific elements. For example, driving while impaired has multiple elements – driving a vehicle, on a street or highway, with a BAC of .08 or higher or while subject to an impairing substance. The State must prove each element beyond a reasonable doubt at trial.
“Defenses” are legal reasons why you should not be found guilty. Some defenses challenge whether the State can prove the elements. Other defenses explain why your actions were legal, such as self defense or defense of others or “necessity.” Your lawyer looks at the evidence to identify possible defenses in your case.
UNDERSTANDING PLEAS
When you enter a plea, you tell the court your formal answer to the charges. A “not guilty” plea means you contest the charges. This plea puts the burden on the State to prove the case against you. When you plead not guilty, you have the right to a trial. At trial, you have no burden to prove anything. You can remain silent. You can present evidence if you choose.
A “guilty plea” means you admit to the charge. Before you enter a guilty plea, especially in Superior Court and felony criminal charges, the judge often asks some questions. These questions make sure you understand what the plea means. The judge could ask if you understand your rights. The judge asks if anyone promised you anything or threatened you. The judge wants to know your plea is your choice and of your own free will.
What does Take the Fifth Mean?
You might hear about a “no contest” plea. This plea, may also called “nolo contendere,” means you accept punishment without admitting guilt. The court treats a no contest plea like a guilty plea. That’s true also for something called an Alford Plea in North Carolina.
This could make a difference if someone sues you later, in civil court, about the same events. You may be able to deny what happened in the civil case.
“Deferred prosecution” means the State or the Court may agree to dismiss your charges if you complete certain conditions. These conditions might include community service, classes, or treatment programs. The Court puts your case on hold while you complete the conditions. If you finish the conditions, your case could ends with a dismissal. If you do not complete the conditions, your case returns to Court.
When it comes to deferred prosecution and conditional discharges in North Carolina, there are no promises or guarantees. Some criminal charges are eligible, some are not – John Fanney, Raleigh Defense Attorney
“Prayer for judgment continued,” often called “PJC,” means the court finds you guilty but continues judgment. The Court does not enter a final judgment against you. The judge can enter judgment later if you get new charges. Not all charges qualify for a PJC. Some traffic cases allow PJCs, but that’s not true in every circumstance or criminal allegation. Seek legal counsel!
BASIC PROBATION AND SENTENCING TERMS
When a case ends with a conviction, you’ll hear terms about punishment. “Probation” means the Court Orders the NC Department of Adult Corrections (North Carolina DAC) to supervise you instead of sending you to jail. During probation, you must follow rules called “terms and conditions of probation.” Regular conditions apply to everyone on probation. These may include reporting to a probation officer, paying costs, random drug screens, and not breaking any laws.
“Special conditions” are extra rules the judge adds to your probation. The judge might order you to complete community service. You might need to take classes. You might have to follow a curfew. If you break these conditions, your probation officer reports this to the court. This report is called a “probation violation.”
A “suspended sentence” means the judge puts a jail sentence on hold while you complete probation. The judge tells you how long the sentence would be. If you complete probation, you don’t serve that time. If you violate probation, the judge can “activate” the sentence. This means you go to jail for the suspended time.
“Credit for time served” means time you spent in jail before your conviction counts toward your sentence. For example, if you stayed in jail for 30 days waiting for your case to end, those 30 days count toward any final sentence. You may get credit whether you plea or go to trial.
“Fines” are money you pay as punishment. “Costs” are money you pay for court services. “Restitution” is money you pay to cover someone’s losses from a crime. The judge may order, as are necessary and appropriate, payments at sentencing. You might have time to pay. You might need to pay before your case ends. If you cannot pay, tell your lawyer before your court date.
This guide explains common terms in criminal court in Raleigh. Each case, like each person accused of criminal charges, obviously differs. Your lawyer can explain how these terms apply to your specific situation. That’s one reason we think it makes sense to Lawyer Up!
Raleigh Criminal Defense Lawyer – John Fanney
The criminal courts work on schedules, deadlines, and rules. Each term in this guide marks a step in your case – from the first paperwork you receive to the final court date. Your case might involve a motion hearing about evidence. You could end with a plea or deferred disposition. Your case might even go to trial. Whichever path your case takes, we think it’s helpful to understand the legal lingo of the courthouse.
As we’ve discussed, legal “terms of art” carry meaning. A “hearing” means more than listening. A “motion” means more than movement. A “finding” means more than searching. The courts use these words because they mark clear points in your case. These points matter because they can affect your rights, your choices, and your future.
Court staff, prosecutors, and judges use certain terms of art every day. It helps expedite the process and clarify what everyone means. The court system expects you to understand and follow what these words mean. By learning these terms now, you better prepare yourself for court dates ahead. You prepare yourself for talks with your lawyer. You prepare yourself to make choices about your case.
When you understand your options, you can work with your lawyer to handle your case.
If you face criminal charges in Wake County, call Fanney Law Office at 919-617-7009. The John Fanney is available for consultation and may be available to explain how these terms apply to your case.