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Additionally, during that period, the Defendant can not receive any other charges or the agreement may be voided and he or she will be required to come back to court and face the original charges.
If the Defendant completes all the requirements and stays out of legal trouble during the allotted time period, the original charge will be dropped.
The State does not have the right to appeal a not guilty verdict to Superior court.
If the Defendant is found guilty, he or she has an automatic right to appeal their case to Superior court.
When the judge marks the case as ‘last,’ that means that at the next court date the judge expects both parties to be prepared to resolve the case, whether that means having the trial, accepting a plea deal, or having the charges dismissed.
The good news is, the longer the case drags out, the better it normally is for the Defendant.
Therefore, if you are found guilty in District Court you have a right to appeal to Superior court.
Almost all North Carolina Misdemeanor Cases begin in district court.
For some counties, these cases start in ‘Disposition Court,’ while other counties will simply begin misdemeanor cases in regular district court.
In these instances, the State will have a harder time proving their case.
If the Defendant is found not guilty by the judge in District court, that will be the end of the case against the Defendant for these charges.
In instances where the facts are not strong for the State, and the Defendant wants to have a trial, the case will take more time.