By Attorney Patrick Apple
Were you recently arrested or charged with a misdemeanor in Guilford County? Here is what you can expect.
Once you have been charged with a misdemeanor criminal charge in Guilford County you usually will be given a court date in courtroom 1-B of the Guilford County Courthouse in Greensboro or courtroom 3-B in the Guilford County Courthouse in High Point. It is important to note that electronic devices including cell phones are not allowed in Guilford County Courthouses. Talking is not permitted while seated in a Guilford County courtroom.
There will generally not be a judge that presides over the courtroom in first appearance court in Greensboro. An Assistant District Attorney runs the first appearance courtroom in Greensboro. You must appear in the courtroom at the beginning of the session for calendar call on your scheduled court date in first appearance court. If you do not timely appear on your date then an Order for Your Arrest can be issued against you and twenty days later a Failure to Appear can be entered against you which will result in the suspension of your driving privileges in North Carolina as well as result in higher court fines. Your presence on this date can usually be waived if you have retained an attorney from Kreider Law to appear on your behalf prior to your scheduled court date.
First appearance court does not move quickly and could last many hours. On this date the District Attorney will ask whether you wish to: hire your own attorney, request a court appointed counsel if you financially qualify for one, or sign a waiver and represent yourself. It is in every Defendant’s best interests to hire an attorney and avoid representing themselves. Shortly after calendar call a clerk will appear in the courtroom and have everyone that is a Defendant placed under oath and sworn to their statements on the forms they will later sign. The District Attorney will then call your name and ask you to come to the front counter in groups with other Defendants. Once at the front the Assistant District Attorney will have you fill out a waiver or a financial affidavit if you requested a court appointed attorney. It is imperative that you do not discuss anything about your case with the District Attorney other than your choice of representation. What you say in this courtroom can and will be used against you, I have seen it happen many times. Once you have made your decision as to how you would like to be represented, a bailiff will direct groups of you to the backroom where you will appear in front of a magistrate. A magistrate is not a District Court judge but is a judicial official that will advise you on the possible sentence and penalties you face depending on the crime with which you have been charged. The magistrate will also execute your waiver of counsel or assign you a court appointed attorney if you requested one and you qualify for one. The magistrate will then continue your case to either courtroom 1-C for general misdemeanors such as assaults, larcenies, and drug cases or your case will be continued to 1-D for traffic related misdemeanors such as DWI charges and speeding cases.
You must be present on the day that your case is assigned to courtroom 1-C or courtroom 1-D, unless
you have an attorney to represent you and your appearance has been waived. If your appearance has
not been waived then you must appear at 8:30 am in 1-C or 1-D and answer at calendar call. An
Assistant District Attorney will call the calendar and give you the following possible response options:
- Request a continuance,
- State that you have a lawyer by saying your lawyer’s name,
- Answer as “Not Guilty” to speak with the District Attorney about your matter, or
- Answer Guilty and plead to your charges once your case has been called.
Once the calendar is called you will remain seated until an Assistant District Attorney calls your name. The Judge will not typically take the bench for a short while in order to allow the District Attorney time to get cases in order. You must remain present in court until you have been dismissed and given a new date by the Judge or District Attorney or your case has been fully resolved. The Rules of Professional Conduct Prohibit Judges and District Attorneys from giving a Defendant legal advice at any time. It is important to have representation prior to your court date to ensure that your case is resolved with the best possible outcome.
If you do not timely appear on your date in 1-C and 1-D an Order for Your Arrest can be issued by the Judge and a bond will be set securing your custody once you are arrested by law enforcement. In addition to an Order for Your Arrest, twenty days from your missed court date a Failure to Appear will be entered against you and will remain until your matter is fully resolved and all costs are paid in the matter if costs are so ordered.
Going to court is no small matter. Going to court can have serious consequences if not handled correctly, including the payment of large fines and possible active time in jail. Never go to court without representation. Never speak about the facts of your case to anyone other than your attorney. Always show up for court on time and appropriately dressed. Do not attempt to bring your cell phone to court.
Prepare to spend all day at the courthouse if you are not represented. Prepare for the possibility that your case will not be reached. The skilled attorneys at Kreider Attorneys at Law know the ins and outs of the Guilford County court system and can utilize our vast experience to fight for your interests, save you from waiting unnecessarily in court and making unneeded appearances, and work to resolve your case in a positive and timely manner.