Q: What is the difference between District Court and Superior Court in North Carolina?
A: District Court has jurisdiction to hear cases involving traffic offenses, misdemeanor offenses, family law matters, civil actions involving less than $25,000.00 in damages, and small claim appeals. With only a few exceptions, all trials in District Court are heard by a District Court Judge without a jury. Superior Court has jurisdiction to hear cases involving felony offenses, misdemeanor appeals from District Court, and civil actions involving more than $25,000.00 in damages.

Q: Do I really need a lawyer for my case?
A: You always have the right to represent yourself. However, hiring an attorney is almost always better than representing yourself. A licensed attorney knows the twists and turns of our court system, and he or she has relationships with the prosecutors, clerks, and judges who interact with your case in court.

Q: How much will it cost to hire a lawyer?
A: Legal fees vary depending on the case type, complexity, and lawyer experience. Most attorneys charge flat fees or by the hour. Legal fees often seem daunting, but in the long run, hiring a competent attorney saves you stress and money.

Q: What’s the difference between civil and criminal cases?
A: Civil cases involve disputes between people or entities (like contracts or divorces), and someone usually seeks money or specific performance. Criminal cases involve the State accusing you of violations of statutory or common law, and you face the prospect of fines, probation, and/or an active sentence.

Q: Can I switch lawyers if I’m not happy with mine?
A: Generally, yes. After a case begins, the Court must allow an attorney to withdraw as your counsel. Unless the case is very old or it’s in the late stages, North Carolina courts usually allow you to change counsel. Since the Court’s approval is necessary, it’s important to choose the right attorney the first time.

Q: How long will my case take?
A: The best answer is “it depends”. Case length depends on complexity, court schedules, and opposing parties. Some wrap up in months; others drag on for years. We strive to resolve cases as soon as possible because we know life doesn’t pause itself.

Q: What if I can’t afford a lawyer?
A: North Carolina offers legal aid organizations and sometimes court-appointed attorneys, depending on the case type and your financial situation. Don’t hesitate to ask.

Q: Is a free consultation really free?
A: Yes, some North Carolina lawyers offer free initial consultations to scope out your case. Use that time wisely—come prepared with questions and documents. We offer free consultations for criminal and civil matters.

These FAQs are designed to provide you a quick introduction to North Carolina's justice system. You should not take it as legal advice. Every case is unique and requires its own review by an experienced attorney.

Have more questions? Please call The Law Office of Ian Alexander Neal, PLLC at 252-375-3400. We’re here to make the law a little less scary and a lot more manageable.