District Criminal Court

Many judicial districts in North Carolina have what is known as People’s Court. This court generally handles those matters where individuals have asked for criminal charges to be brought against other individuals. Police officers are rarely involved in these situations and all alleged acts are misdemeanors.

Typical cases include communicating threats, assault, damage to real or personal property, trespassing, harassing phone calls, ordinance violation, larceny and school problems. Usually, the people involved know each other and have some sort of ongoing relationship. Mediation has been very successful in helping parties in district criminal court resolve their differences in such a way that not only is their present dispute resolved but they also explore new ways to manage their differences so that they don’t need to come back to court for the same or similar issues. Please visit the mediation section of our website for more information.

How does a case get into mediation?

The parties to a criminal complaint, defense attorneys, district attorneys, or a judge may refer a case to mediation. Typically, this is done on your court date because both parties are present and ready to resolve their matter. Ultimately, it is the district attorney’s decision to determine if a case is appropriate for mediation.

If you are considering criminal charges to resolve a personal issue but don’t want to go to court, call CDSS. Mediation may help you both resolve your dispute without the time and expense of a trial.

Where do the mediations take place?

Cases are mediated in conference rooms at the courthouse. Matters involving many people may be moved to our office, just one-half block north from the courthouse.

How much does it cost?

North Carolina statute determines the fee which is set at $60 and is payable to the Clerk of Court in the district in which the matter is pending. The Clerk does not accept checks or credit cards; cash and money order only. Typically, the fee is the responsibility of the defendant; however, the parties are free to make other fee payment arrangements. The fee is due at the conclusion of the mediation. Low income and indigent clients may ask to have their fee waived at the discretion of the mediators and with approval from the district attorney.

Do I need a lawyer?

It is not necessary for a defendant to have legal representation. Participation is generally limited to the persons named in the complaint. In situations involving minors, the parents/guardians may be asked to participate as well. Each party is invited to review their options for settlement with their lawyer prior to the mediation. Parties may also elect to have their legal representative review any potential agreement before signing it. Since the district attorney effectively represents the state’s interests, if the plaintiff is satisfied with the outcome of the mediation, the district attorney will accept that as acceptable grounds for dismissal.

CDSS mediators do not provide legal advice. If you have concerns about your rights, you are encouraged to speak with an attorney.

What happens to the criminal charges if we reach an agreement? What if we don’t?

Reaching an agreement indicates to the court the parties have resolved their differences and they will not proceed with a trial so the charges are dismissed – either that day or at some point in the future. Some parties need time to complete the terms of their agreement (paying money owed or to begin or refrain from certain actions, for example) so their matters are held open and the parties are given a new court date. If the parties have maintained their agreement, then the charges are dismissed at the new court date. If the agreement has not been maintained, both parties must appear in court on their new court date to allow the court to resolve the matter.

If the parties do not reach an agreement, it is up to the district attorney for the next step. Some cases may be tried (either that same day or a future court date) and others may be dismissed for any of a number of reasons.