What is the main power of the NC Judicial Branch?

What is the main power of the NC Judicial Branch?

The Judicial Branch interprets what our laws and constitution mean and makes decisions about the laws and those who break them. North Carolina’s court system is called the General Court of Justice and consists of three divisions: appellate, superior court, and district court.

Is a magistrate a judge?

A federal magistrate judge is a federal judge who serves in a United States district court. Magistrate judges are assigned duties by the district judges in the district in which they serve. Magistrate judges may preside over most phases of federal proceedings, except for criminal felony trials.

What qualifications do I need to be a magistrate?

No formal or legal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly.

What cases do magistrates deal with?

They include driving offences, vandalism, criminal damage of low value, low-level violent offences and being drunk and disorderly. This kind of ‘lesser’ criminality will be dealt with in summary proceedings at a magistrates’ court, where the defendant has no right to a jury trial and no formal indictment is necessary.

How long can Magistrates sentenced you for?

6 months

What happens at a magistrates hearing?

At the Magistrates’ Court, your trial will be heard either by a District Judge or by a bench of lay Magistrates. The Magistrates or the District Judge decides on matters of law (for example whether evidence is admissible) and fact (for example have you done what the prosecution say you have done?).

Do you need a solicitor for magistrates court?

Legal Representation. You should attend the Magistrates’ Court in good time for your hearing. It is best to have a solicitor represent you if possible. You can get your own solicitor or you can ask to speak to the duty solicitor at court who will be able to give you some advice and maybe represent you.

Can I go to court without a solicitor?

You have the right to speak for yourself in court without a solicitor or other legal professional. You may choose to do this because: you think it’s better to talk directly to the judge, jury or magistrates yourself. you cannot afford to pay legal fees.

What happens if found not guilty?

Essentially, a verdict of not guilty is an acquittal. If a jury or judge finds you not guilty of a criminal charge, you are acquitted and your case is closed. If you’re found guilty of a charge, you are said to be convicted and must face the penalties imposed for the crime, though you have the option to appeal.

Can you sue police if found not guilty?

Sure you can sue, but just being acquitted doesn’t mean you would win a civil suit. You would need to show that not only were you innocent, but that the police had no probable cause to move forward on you.

What are prosecution costs?

The scope of Prosecution Costs Prosecution Costs exclude the costs of the investigation, which must be met by the police. Investigation costs include: Seeking medical or expert evidence as part of the investigation, (where a witness is required to attend Court, the cost of the attendance falls on the CPS).

Can I claim back legal costs if found not guilty?

Acquitted defendants can now get some of their legal fees back. Since January 2014, all grants of criminal legal aid have been subject to a means test. If a defendant has been denied any legal aid, they can claim up to the amount they would have received in legal aid, if acquitted, or of the case is withdrawn.