Buncombe County Court Process

Complete guide to arraignment, court dates, plea options, and what to expect during your case in Buncombe County.

Court Information

Court Process Timeline

1

Arraignment

First court appearance, typically within 24-48 hours after arrest.

What Happens:

  • Judge reads charges against you
  • You enter initial plea (usually Not Guilty)
  • Bail is set or reviewed
  • Next court date is scheduled
  • Public defender appointed if needed
2

Pre-Trial Hearings

Multiple court dates over 2-6 months where your attorney negotiates with prosecutors.

Attorney Activities:

  • Review police reports and evidence
  • File motions to suppress evidence
  • Challenge breathalyzer/blood test results
  • Negotiate plea bargains
  • Discuss diversion program eligibility
3

Plea Bargain or Trial

Most cases (over 90%) resolve through plea bargaining, not trial.

Plea Bargain Benefits

  • • Reduced charges
  • • Lighter sentence
  • • Certainty of outcome
  • • Lower costs

Trial Risks

  • • Maximum sentence if convicted
  • • Higher legal fees
  • • Uncertainty
  • • Time consuming
4

Sentencing

Judge determines penalties based on the plea agreement or trial verdict. Sentences may include fines, probation, jail time, license suspension, IID, SCRAM monitoring, and/or DUI classes.

Don't Face This Alone

A attorney can make the difference between a conviction and a dismissal, between jail time and probation. They know local judges, prosecutors, and can challenge evidence that you might not even know is challengeable.

Find Buncombe County Attorneys

In Buncombe County, North Carolina, understanding the DWI court process can significantly reduce anxiety and improve your preparedness. Here's a breakdown of what to expect when navigating the legal system after a DWI arrest in Buncombe County.

Courthouse Location

The Buncombe County Courthouse is located at 164 College Street, Asheville, NC. You can also find parking information for the College Street Parking Deck at the same address. Another parking option is the Sears Alley Public Parking Deck at 11 Sears Alley, Asheville, NC.

"Do NOT Do These Things"

Entering a courtroom requires respect for the legal process and adherence to specific rules. Avoid these common pitfalls:

  • No Phones in the Courtroom: All electronic devices, especially cell phones, must be turned off and put away before entering the courtroom. Buncombe County courtrooms strictly prohibit phone use.
  • No Food or Drinks: Eating or drinking is not permitted inside the courtroom.
  • Dress Code Violations: Dress professionally. Avoid wearing casual clothing such as shorts, tank tops, or clothing with offensive graphics. Business casual attire is generally appropriate.
  • Speaking Out of Turn: Only speak when addressed by the judge. Do not interrupt or engage in side conversations.
  • Being Late: Punctuality is crucial. Arrive early to allow time for security screening and finding your courtroom. Being late can result in delays or even being held in contempt of court.

Security Screening

Navigating security at the Buncombe County Courthouse is similar to airport security. Here's what to expect:

| Prohibited Items | Allowed Items / What to Expect only weapons, knives, firearms, pepper spray that you are prepared to wait.

Court Day Checklist

Before heading to court, ensure you have the following:

  • Valid Photo ID: Required for entry into the courthouse.
  • Court Paperwork/Summons: Bring any documents related to your case, including the summons, bail paperwork, and any correspondence from the court.
  • Proof of Bond (if applicable): If you have been released on bond, carry proof of this.
  • Pen for Notes: You may need to take notes during the proceedings.
  • Any Required Documents: This could include proof of insurance, registration, or any other documents relevant to your case.

How DWI Cases Move Through Court

Here’s a general timeline of how DWI cases typically progress through the Buncombe County court system:

  • Arraignment: This is your first court appearance. You will be formally advised of the charges against you and enter a plea (usually not guilty). Arraignments are typically scheduled within a few weeks of your arrest.
  • Pre-Trial Hearings: These hearings are used to discuss evidence, negotiate plea deals, and address any legal issues in your case. Multiple pre-trial hearings may be scheduled over several months.
  • Plea or Trial Decision: This is a critical juncture. You have two main options:
  • Plea: If you decide to plead guilty or no contest, the judge will proceed with sentencing.
  • Trial: If you choose to plead not guilty, your case will proceed to trial, where the prosecution must prove your guilt beyond a reasonable doubt.
  • Sentencing: If you plead guilty or are found guilty at trial, the judge will determine your sentence. This can include fines, jail time, community service, license suspension, and mandatory alcohol education programs.

Parking & Logistics

Parking near the Buncombe County Courthouse can be found at the College Street Parking Deck (164 College Street) and the Sears Alley Public Parking Deck (11 Sears Alley). Parking costs vary but typically range from $1-$2 per hour, with daily rates available.

It is highly recommended to arrive at least 30-45 minutes before your scheduled court time to allow for parking, security screening, and finding your courtroom.

For specific questions regarding your court date or case, you can contact the Buncombe County court clerk at (828) 259-3400. You can also call 800-313-PARK (7275) for parking information.

Sources

North Carolina Penal Code

Buncombe County District Court

North Carolina Court System

Nearby North Carolina Counties

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