FAQ's

Where is the Courthouse?

There are two (2) courthouse facilities in Iredell County.  The main courthouse facility, called the Iredell County Hall of Justice, is located at 221 East Water Street in Statesville.  The Hall of Justice is part of a multi-building government complex which includes the Hall of Justice, the Iredell County Jail, the Iredell County Sheriff’s Department, Probation and Parole Offices, the Iredell County Register of Deeds, the Office of the District Attorney, and the Courthouse Annex Building.  The other Courthouse facility is located at Government Center South at the intersection of East Center Avenue and Statesville Avenue in Mooresville.

The Hall of Justice houses the Office of the Iredell County Clerk of Court, where records and information about all traffic, criminal and civil court matters are housed, and where fines and court costs are paid.  Also located in the Hall of Justice are four courtrooms.  The downstairs courtroom houses Administrative Court, Magistrate’s (small claims) Court, and Domestic Violence Court.  Upstairs, Courtrooms One and Three are where Superior Court is conducted concerning both civil and criminal matters.  Courtroom Two is where District Criminal Court and Civil Non-Support Court is held.

The Courthouse Annex Building contains the office of the Register of Deeds, the Office of the District Attorney, and Courtrooms A, B, and C, where District Court civil matters, Juvenile Court matters, and court-ordered arbitrations are tried.

From Mooresville, travel north on I-77 to Exit 50.  Turn left from the exit ramp onto Broad Street heading west. Take Broad Street to Tradd Street and turn right.  Turn right at second light onto Water Street.  Hall of Justice and other government buildings will be on left.  

What is Administrative Court?

Administrative Court is the starting point in the court system for most traffic tickets, DWIs and misdemeanor criminal charges.  In Iredell County, Administrative Court is held 8:30 a.m. to 1:30 p.m. every Wednesday.  It is held in Mooresville on the first Wednesday of each month and in Statesville on the remaining Wednesdays.

Many minor traffic infractions are resolved in Administrative Court.  Other more serious charges, such as DWI and drug charges, are funneled to the District Criminal Court and are “continued” to new court dates there.   

What is District Court?

District Court has jurisdiction over both civil and criminal matters.  For criminal matters, District Court is where most traffic, misdemeanor and juvenile criminal matters are heard.  Many felony charges also begin here, while they are “screened” to determine whether they will be taken before the Grand Jury to be indicted in Superior Court.  There is no jury in criminal and juvenile matters in District Court and all such matters are tried by a Judge.

District Court also has jurisdiction over divorce, child custody and support, and other family law related matters, as well as other civil matters where the amount in controversy is less than Ten Thousand Dollars ($10,000.00).  A trial by a jury is available in many District Court civil matters.

What is Superior Court?

Superior Court also hears both civil and criminal matters.  For criminal matters, Superior Court has jurisdiction over all felony matters, as well as misdemeanors which have been appealed to Superior Court.  In civil matters, the Superior Court has jurisdiction over all non-family law matters where the amount in controversy exceeds $10,000.00.  A jury trial is available in Superior Court.

How long will court take? 

Administrative Court.   Administrative Court runs from 8:30 am to 1:30 pm.  Sometimes it is extremely crowded and you could be standing in line there or waiting in the courtroom for your case to be called anywhere from a few minutes to several hours.  In many cases, this wait will be simply to get another court date which you will have to attend again at another time.

If you have retained and paid your lawyer, he or she can generally appear for you in Administrative Court without your having to attend.

 District Court. You should expect that District Court will take all day on the day it is scheduled.  District Court starts at 9am with the docket call and runs through 5 pm, unless the court’s business is concluded earlier because of a short docket or other special circumstances.  Unless your lawyer has specifically excused you from attending, you must be present for District Court and must answer when the docket is called.  Failure to do so may result in an arrest warrant being issued for you and can result in the forfeiture of any bail bond you have posted.   Unless your lawyer has told you it is OK, you should not make other plans that cannot be readily broken which might interfere with your presence in court.  Your actual time in court will vary depending upon which court you are in, how many cases are on the docket, the type of case you have, the type of disposition you hope to obtain, the availability of the witnesses and arresting officer, and multiple other variables which make accurate estimates of your time commitment virtually impossible.

Superior Court.  Superior Court sessions typically run one week in length, although there are occasional two-week sessions throughout the year.  The sessions begin at 10am on Mondays, when the docket is called.  Unless your lawyer has excused you in writing from attending, you MUST be present at the docket call to avoid being arrested and having your bail bond forfeited.  Your case is subject to being called for trial or hearing at anytime during the session.  Some judges will allow defendants who have lawyers to be on “stand-by” during the session.  No one except your lawyer, the District Attorney or the Judge can place you on “stand-by.”  Some judges will not permit this.  If you are placed on stand-by you must be capable of being reached by telephone immediately and at all times during the session, and should be no more than one hour away from court.  If you are not placed on stand-by, you must be present in court at all times when court is in session.

Why does my case get postponed? 

Chances are good that your case will be postponed, or “continued,” one or more times before it is resolved.   There are multiple reasons for this happening, including the number of cases on the docket, the age of your case, the seriousness of your offense, the availability of officers, witnesses and lawyers, whether your case is for trial or for a negotiated plea, and a multitude of other factors which may arise from time to time.

What are felonies/misdemeanors/infractions?

Felonies are the most serious criminal offenses which our court system recognizes.  Felonies are classified by letters A through I, with Class A being the most serious crimes, such as First Degree Murder, and Class I being less serious felonies such as possession of certain illegal drugs and some “property crimes.”  It is possible to receive an active prison sentence for a felony conviction.  See the Section entitled “What is Structured Sentencing?”
   
Misdemeanors are less serious criminal offenses.  They are classified as Class A1 through Class 3, with Class A1 being the most serious offenses, such as certain aggravated assault matters and Class 3 being the least serious offenses, such as possession of small quantities of marijuana.  It is possible to receive an active jail or prison sentence for a misdemeanor conviction.

Infractions are the least serious criminal matters.  Infractions encompass most minor traffic matters, such as most speeding tickets, inspection violations, etc. Unlike misdemeanors and felonies, infractions are punishable only by fines and driver license points and suspensions, not by jail or prison time.  However, convictions on infraction matters can have serious adverse consequences regarding your insurance premiums and the status of your driver license.

What is “structured sentencing?”

Structured sentencing was enacted in North Carolina in 1995.  It abolished parole and early release for most criminal offenses, and punishes violent offenses and repeated offenses more seriously than other crimes.  Under structured sentencing, persons sentenced for misdemeanor and felony convictions are sentenced according to a grid or chart which provides a range of possible minimum and maximum sentences based upon the Classification of felony (A-I) or misdemeanor (A1-3) for which a person is convicted, and the person’s prior criminal history.  The worse your criminal history is and the more serious the crime for which you are convicted, the more likely it is that you will receive an active jail or prison sentence.  Active misdemeanor sentences run from 10 days in jail to 150 days in jail.  Active felony sentences could run from 4 months to life in prison without possibility of parole, to the death penalty in cases of 1st degree murder.

The range of structured sentence you could receive varies widely from case to case depending on your record and the seriousness of the offense for which you are charged.  Your attorney will be able to provide you more accurate estimates as your case is investigated and developed.