Sampson County Criminal Court hears all criminal cases in Sampson County. Below you will find specific information about criminal cases and how they are handled in Sampson County.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Sampson County Criminal Court
Required Court Appearances in Sampson County
Any required court appearances in Sampson County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Arraignments in Sampson County
During an arraignment in Sampson County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Sampson County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Sampson County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Sampson County Criminal Court hearings
Criminal hearings in Sampson County will take place at the Sampson County Criminal Courts. Please see here for a list of the Sampson County Criminal Court Locations.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Who can help me in Sampson County?
For general information about your case the Sampson County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
Prosecutor in Sampson County
In Sampson County, the prosecutor is an attorney representing Sampson County. In some cases, the prosecutor may actually represent North Carolina. For the most part, the prosecutor in Sampson County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Sampson County Criminal Court Locations
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Sampson County Superior Court
Address: 101 East Main Street, Clinton NC 28328
Phone: 910-596-6600 Fax: 910-596-6601 -
Sampson County Superior Court
Address: 201 East Main Street, Clinton NC 28328
Phone: 910-596-6600 Fax: 910-596-6601 -
Sampson County Superior Court
Address: 119 West Main Street, Clinton NC 28328
Phone: 910-592-3923 -
Sampson County District Court
Address: 101 East Main Street, Clinton NC 28328
Phone: 910-596-6600 Fax: 910-596-6601 -
Sampson County District Court
Address: 201 East Main Street, Clinton NC 28328
Phone: 910-596-6600 Fax: 910-596-6601 -
Sampson County District Court
Address: 119 West Main Street, Clinton NC 28328
Phone: 910-592-3923