Buncombe County Government, NC Justice Services, 6 Aug 2021

Previous Meeting

⏯

youtube image

►

From YouTube: Buncombe County Criminal Justice System 101

Description

CJ101 A video guide to the criminal justice process in Buncombe County.

Do you know how the criminal justice process works? Knowledge of the process, and where to find help, if you need it, can have a huge impact on you and your family's life if you become involved with the criminal justice system.

Created by the Buncombe County Safety + Justice Challenge Community Engagement Workgroup, CJ101 is an 8 minute educational video tour of the entire criminal justice process. From the time an incident is reported to law enforcement, through when the case is resolved the video details what your options are, and what kind of support is available throughout. Learn more about the Safety & Justice Challenge: https://www.buncombecounty.org/governing/depts/justice-services/key-initiatives/safety-justice-challenge.aspx

The Workgroup created the video in response to feedback from the Listening Sessions, Town Halls, surveys, and other outreach initiatives. Community members identified a lack of easily understood and accessible information about the system and available resources as one of the root causes of inequity.

Contact us if you would like to show CJ101 in your community. Workgroup members are available to support, responding to questions and facilitating discussion between justice system stakeholders and community members.

Questions and Concerns :
https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbUlCWTM1em1LS0JkUXR2X1B1d1NVcUlsMXhDUXxBQ3Jtc0tub0R6Q1N2ZWFpdFZobnNVSUphQ295bWJiU0JremI1VHhta2tYR2xpY0YxbG1wR19uUGN3cHhfczhLRU9mSWUteXZPdlNDMHVqbGRkUFJpU3BIa0pKOW9lVTZYY25kVFdyTzdwSkE3TGN1eFhoRjRSZw&q=https%3A%2F%2Fwww.buncombecounty.org%2Fgoverning%2Fdepts%2Fjustice-services%2Fkey-initiatives%2Fsafety-justice-challenge.aspx%23sec-locate-contact

A

Buncombe county criminal justice, 101, the adult criminal justice system in buncombe county is complex and it can be tricky to navigate this video is to help break down how it works. Let's start by looking at the agencies involved, the system is made up of many government agencies operating at the state county and municipal levels.

A

Leaders of these agencies are a combination of elected and appointed officials and each have authority and discretion granted to them by state law. The primary types of agencies include law enforcement, detention and corrections and the courts. There are two criminal courts. District court hears cases involving misdemeanors and infractions, while most felony cases are heard in superior court.

A

Often the first place that people interact with the justice system is at the time of arrest. What happens when someone gets arrested varies depending on factors such as the types of charges they face. Typically, it starts when an incident occurs and is witnessed by or reported to law enforcement depending on the seriousness and circumstances.

A

Officers have discretion as to how they respond, for example, in situations where the individual is in mental health crisis officers might decide to divert the person to the behavioral health urgent care, so they can access treatment for infractions or low-level misdemeanors. An officer may issue a citation requiring they appear in court at a later date.

A

If the officer makes an arrest, the person will be taken to the detention facility, also known as the jail which is overseen by the elected sheriff once at the jail. The individual will have an initial appearance before a magistrate who is an appointed judicial officer during the initial appearance, the arresting officer will explain what they observed and based on the information presented, the magistrate will determine whether the officer had probable cause to make the arrest. If probable cause is found, they will issue a magistrate's order which officially charges the person at this time.

A

The magistrate must also make a release decision in north carolina. There are several different types of pre-trial release.

A

If a person is released by a written promise to appear, they promise to appear for all court hearings, while their case is pending and no bond amount is set when a magistrate issues a bond amount, but payment is not required to be released from custody, then an unsecured bond has been sent.

A

A secured bond requires a financial payment, be made to be released from jail, secured bonds can be paid by cash bail, bond company or through the use of collateral, such as property. Another common way people are released is to a pre-trial program. The local pre-trial services program allows for people to be released from custody and still be under some level of supervision in the community, while their case is pending after a release, decision has been made. A first appearance hearing takes place in the courthouse.

A

This is the first time a person appears before a district court judge, an elected official who has the authority to review bonds, conduct probable course, hearings, hear criminal cases involving infractions and misdemeanors, and take pleas for low-level felonies for individuals who remain in the jail. Their first appearance occurs by the next business day. At that time, the district court judge reviews the bond set by the magistrate and assures the individual's right to a lawyer for those individuals who are unable to afford a lawyer, the court will assign a public defender to represent them.

A

A public defender is a state-appointed position whose function is to represent individuals based on income eligibility in which there is a right to counsel, including individuals charged with misdemeanors and felonies juveniles, charged with delinquency matters. Respondents who have been involuntarily committed.

A

This office is comprised of full-time assistant, public defenders, full-time investigators and legal support. Staff appears as defense counsel for veterans, treatment, court, adult treatment, court and sobriety court. The judge must also notify the prosecutor if the charge against the individual is improper or defective.

A

The prosecutor or district attorney is an elected official who is charged with the duty to represent the state and the prosecution of all criminal matters filed in district and superior court and to advise law enforcement in the district sometimes referred to as the d.a. The district attorney has broad authority to press a case to trial is charged to dismiss charges to defer prosecution or to offer a plea negotiation.

A

The d.a also has the authority to advocate before the court for appropriate pretrial release conditions to ensure public safety if an individual remains in custody after their first appearance, a bond hearing typically occurs within two business days of first appearance.

A

A bond hearing is another opportunity for a district court judge to review the bond and make modifications, if deemed appropriate. If a person is unable to make bond, they'll remain in pretrial custody until they are able to make bond or their cases resolved.

A

An attorney can request a bond hearing for their client at any point, while a case is pending, if a person is released, while their case is still pending, it is important they make all future court. Appearances failing to appear in court can result in an order for arrest and additional monetary fines.

A

It's not uncommon for cases to be continued several times to ensure evidence has been processed and both the prosecution and defense are prepared to resolve the case. Cases involving infractions and misdemeanors will be resolved in district court unless a misdemeanor case is appealed for a jury trial in superior court.

A

Most felony cases will eventually move to superior court for resolution. Until that time, felony cases will remain in district court cases in district and superior court are resolved by dismissal, deferred prosecution, finding of not guilty guilty plea or finding of guilt.

A

If an individual pleads guilty or is found guilty, they will be convicted of the crime. The judge will impose a sentence which can result in time served probation supervision, county jail or state prison if convicted of a crime. The person will also be responsible for paying court costs and could also be required to pay other fees such as restitution.

A

These fees are collected by the clerk of court, an elected official who has a range of responsibilities related to criminal matters, including maintaining court records. Once the person has served their sentence, they will be released from state supervision.

A

Buncombe county's, adult criminal justice system is comprised of many governmental agencies, all of which are independent of each other. In an effort to ensure an effective and efficient system. Criminal justice leaders formed the justice resource advisory council, which aims to promote collaboration amongst the various agencies.

A

Buncombe county has several programs that assist individuals with justice involvement.

A

These include three diversion programs, four specialty courts and supportive programs such as career and education, navigation and re-entry services for more information about these and other resources for justice involved people in buncombe county. Please visit buncombecounty.org forward, slash jrc.

A

This project was created with support from the john d and catherine t macarthur foundation as part of its safety and justice challenge, which seeks to reduce over-incarceration by changing the way america thinks about and uses jails.