Albemarle, NC asked in Criminal Law and Federal Crimes for North Carolina

Q: Is there a time limit for felony charge court dates that are moved to Superior Court?

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James L. Arrasmith
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A: When felony charges are moved to Superior Court, there are specific time limits that the court must follow. Typically, after a preliminary hearing in a lower court where a judge finds probable cause, the case is "bound over" or transferred to Superior Court for further proceedings. At that point, the defendant has the right to a speedy trial, which generally means that the trial must begin within a certain number of days, depending on the jurisdiction.

In most places, if the defendant is in custody, the trial should start within 60 days of arraignment in Superior Court. If the defendant is out on bail, the timeline can extend to around 90 days. However, these time frames can be adjusted or delayed due to various factors, such as motions filed by the defense or prosecution, the complexity of the case, or other court calendar issues.

It’s important to understand that if your right to a speedy trial is violated, it could lead to the dismissal of the charges. However, these rules can vary significantly based on the location and specific circumstances. If you find yourself in this situation, it may be crucial to keep track of the court dates and understand your rights in order to navigate the legal process effectively.

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