A felony charge can seem simple at first. Many people think that once a court date is set, the case will move quickly through the system. In reality, felony cases in North Carolina often proceed through several stages before resolution.
This happens because the NC felony court process follows specific legal stages, each mandated by the NC Criminal Procedure Act (Chapter 15A). Each stage has its own purpose, and the court must complete these steps in order, even when the situation is simple.
North Carolina criminal courts rely on scheduled hearings, proper filings, and accurate records at every phase of a case. Understanding how the process works helps explain why some cases move quickly while others take more time.
For a plain-English overview of these steps, the NC Judicial Branch provides official guidance on how criminal cases proceed through the system.
If you are looking for guidance about where your case currently stands or what may happen next, Martine Law can help you understand the process.
You can contact us for a consultation to discuss your situation.
Why Felony Cases Move Through Multiple Stages in North Carolina
Felony charges follow structured court procedures. Each stage protects legal rights, provides notice to both parties, and allows time for evidence and review. The process also helps the court avoid rushed decisions in serious criminal cases.
This step-by-step movement is not accidental. North Carolina law requires hearings, notice, and an opportunity for counsel before major decisions are made. As a result, most felony cases do not resolve in a single court date.
Where Felony Cases Typically Begin in the Court Process
Most felony cases start in one of two ways:
- An arrest based on probable cause.
- A warrant or indictment issued by a judge or grand jury.
After an arrest, the first court appearance usually happens within 48 to 72 hours. This hearing is brief but important. At this first appearance, it usually happens quickly. North Carolina law sets a rule for the stage G.S. 15A-601, First appearance before a district court judge, which explains when the hearing must occur and what the court must address.
At the first appearance, the court:
- Informs the person of the formal charges.
- Advises them of the right to an attorney.
- May address conditions of release or bond.
What Happens at an Arraignment Hearing for a Felony?
An arraignment is a pivotal step in the North Carolina legal journey. If you are wondering what happens at an arraignment hearing for a felony, it is the formal stage where the “official” charges are presented in the Superior Court.
During this hearing:
- The court formally reads the charges (often from a Grand Jury indictment).
- The defendant enters a plea (Guilty, Not Guilty, or No Contest).
- Future court dates, including pretrial motions and trial, are scheduled.
In North Carolina, a defendant has a statutory right to a formal arraignment only if they file a written request within 21days of being served with an indictment. If no request is filed, the court may automatically enter a “Not Guilty” plea to keep the case moving.
How Felony Cases Progress After Arraignment
After the plea is entered, the case moves into the “discovery” phase. This is when the defense and prosecution exchange evidence, including police reports, body camera footage, and witness statements.
During this time, the court may hold status conferences to ensure the case is on track. Some cases resolve through plea negotiations, while others proceed to trial in Superior Court.
According to the NC Sentencing Commission, only about 2% of felony convictions result from jury trials; the vast majority are resolved through negotiated pleas or dismissals
When Felony Cases Slow Down or Become Complex
Felony cases may slow for several reasons, including:
- Lab testing delays
- Unavailable witnesses
- Ongoing negotiations
- Motion hearing
- Complex evidence review
These pauses often reflect the serious nature of felony charges and the high level of constitutional review involved.
What Sentencing Can Look Like After a Felony Conviction in NC
If a felony case results in a conviction, sentencing follows North Carolina’s Structured sentencing system. The system uses a grid to determine punishment based on the offense’s “Class” and the defendant’s prior criminal record.
Many people expect a simple “jail or no jail” answer, but North Carolina uses three distinct punishment types: Active, Intermediate, and Community.
Felony Punishment Split (FY 2024 Data)
FY 2024 data shows three primary punishment outcomes for felony convictions: 40% Active prison, 36% Intermediate punishment, and 24% Community punishment.
These numbers show that not every felony conviction results in prison time. Sentencing depends on offense class, prior record level, and advocacy in court, and many cases result in probation-based outcomes.
Next Steps if You Have an Upcoming Court Date
A felony case can affect work, housing, and future opportunities. To stay prepared:
- Keep copies of all paperwork: This includes your release orders and indictment.
- Track your dates: Missing a court date results in an “Order for Arrest.”
- Stay off social media: Do not discuss the details of your case online, as these posts can be used as evidence.
Finding Legal Support During a Felony Case in North Carolina
Talk With a North Carolina Criminal Defense Attorney
Felony charges move through several court stages, and each step can affect your rights and long-term options. Having a lawyer guide you through the process helps you understand what is happening and any decisions you may need to make.
If you have an upcoming felony court date or an active case, Martine Law can explain the process, review where your case stands, and outline possible next steps under North Carolina law.
You can contact us to schedule a private consultation with a defense attorney about your situation.
Frequently Asked Questions About Felony Cases in North Carolina
1. Do you go straight to jail for a felony in NC?
Not always. You are usually arrested and processed first. Whether you stay in custody depends on bond, the charge, and your record. Under structured sentencing, some people receive probation or community-based punishment, while others receive active prison time.
- How many days in jail for Grand Theft Auto (Larceny of a Motor Vehicle)?
Grand theft auto in North Carolina is generally a Class H felony. Possible punishment depends on your prior record and the judge’s findings. Some people receive probation, and others receive active time. Sentencing ranges vary, so the exact outcome depends on the case.
- How do you survive your first time in custody?
Stay aware, follow facility rules, and avoid conflicts. Keep to yourself, respect others’ space and property, and do not discuss your case. Avoid borrowing or lending items. Ask questions calmly when you need help, and follow staff instructions.
- What is the difference between jail and prison in NC?
The jail is county-run and typically houses individuals awaiting trial or serving short misdemeanor sentences. The prison is state-run and houses individuals serving longer felony sentences. Someone serving a longer felony sentence normally transitions from a local jail to the state prison system.
- Can a felony charge be expunged in North Carolina?
Some charges can be expunged, but not all. Dismissed charges and not-guilty findings often qualify. Certain nonviolent felony convictions may be eligible for removal after a waiting period, but many felony convictions cannot be removed. Eligibility depends on the specific offense and your record.