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North Carolina Lawyer

A North Carolina Lawyer will explain that there are several ways you may be charged with a criminal offense.

north carolina lawyer

A North Carolina lawyer will tell you that crimes may come to the attention of authorities through formal investigations conducted by law enforcement agencies, by complaints from citizens, or when observed by a police officer.

The decision to prosecute someone for a criminal offense rests with the government prosecutor for that jurisdiction (the US Attorney, state attorney, district attorney, etc.).

The prosecutor evaluates the circumstances and available evidence and then decides whether or not to proceed. For some felonies, there is a requirement to present evidence to a grand jury. If this group of citizens believes that a crime was committed they will indict (pronounced "indite") the suspect. This gives the government the authority to proceed with the case. In some states, a grand jury indictment is not needed for most felonies. In misdemeanor cases, no indictment is necessary; the decision to proceed is made by the prosecutor's office.

Once charges have been filed, the suspect is ordered to appear before a court. If the person is not yet in police custody, an arrest warrant may be issued. In some cases, an order or summons to appear may be used in place of an arrest. A court will initially determine if there is probable cause to believe the suspect committed the crime charged. Bail must also be set "promptly". The exact timing of these steps will vary from state to state, but must be within 72 hours of an arrest.

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For assistance on all things legal, turn from North Carolina lawyer to the home page.

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