Orange County NC Website
Browse       Search
12 <br /> Appendix B: Responses to Non-Appearances in Criminal District Court <br /> Responses to Non-Appearances in Criminal District Court <br /> Orange County adopts the following decision-making flowchart for responding to non-appearances in <br /> district court for all class 1-3 misdemeanors that are not subject to exception by other district policies. <br /> This flowchart is designed to encourage consideration of alternatives to orders for arrest(OFA) and <br /> bond doubling in appropriate and lower-level misdemeanor cases.Judges always retain discretion to <br /> deviate from this flowchart." <br /> Are any of the following relevant considerations as to whether an OFA should issue: <br /> ❑ There is good cause for the nonappearance (e.g., being in custody elsewhere or <br /> in the hospital; lack of notice of proceeding) <br /> ❑ The prosecuting witness was subpoenaed and did not appear <br /> Judge re-sets court Yes No <br /> date with notice to <br /> defendant& counsel <br /> (if represented) <br /> Class 1, 2,or 3 misdemeanor? <br /> Yes No <br /> Prior non-appearance in this case or <br /> knowledge of prior non-appearance <br /> in a pending case? <br /> Na Yes <br /> Judge issues 0FAsetting <br /> � <br /> conditions,which can include <br /> money bond, in judge's <br /> discretion <br /> Judge re-sets court date with notice <br /> to defendant&counsel (if <br /> represented) <br /> io In exercising this discretion,judges may deviate from the recommendation to re-set the court date after a first non- <br /> appearance if the non-appearance occurred for a trial date and the witness was subpoenaed and present. <br /> The Clerk of Court will provide the notice required by this process by letter or card.All Chapter 20 cases except Impaired <br /> Driving and Driving While License Revoked(DWLR)will go to the"20-day failure box."DWLR cases are subject to the additional <br /> procedures set out in Appendix C.Strike Order court will continue to be held every Thursday morning. <br /> 9 <br />