Portal
North Carolina | A Yancey NC | |
|---|---|---|
Cases Dismissed | 45.98% | 56.68% |
Filed | 6,021,544 | 8,664 |
Dismissed | 2,768,647 | 4,911 |
Missing / unknown final case disposition | 0.00% | 0.00% |
Missing / unknown inclusion criteria[5] | 0.00% | 0.00% |
Related and Companion Measures | ||
Population | ||
Criminal Justice Resources | ||
Poverty Indicators | ||
Other | ||
LEGAL CONTEXT:
- North Carolina
- Individuals responsible for pretrial diversion admission decisions (may be program-specific):
Judges
Prosecutors
Defendants
- Types of pretrial diversion authorized by state law:
Probation without verdict
Substance abuse treatment programs
Alcohol abuse treatment programs
Drug court
- Types of defendants eligible for pretrial diversion (program eligibility may be satisfied by different combinations of criteria):
Defendants with no prior convictions
Defendants identified as alcohol abusers
Defendants not currently participating in a diversion program
Defendants who have not previously entered into a diversion agreement
Defendants who voluntarily agree to participation
Defendants not previously convicted of certain possession offenses
Defendants eligible for community or intermediate punishment
Counties are authorized to determine the eligibility of defendants, subject to statutory restrictions
- Offenses eligible for pretrial diversion:
All misdemeanors
Class H and I felonies
Offenses eligible for intermediate punishment
Offenses eligible for community punishment
Certain offenses related to prostitution
Certain offenses related to the use or possession of drugs and paraphernalia
Counties are authorized to determine which offenses are eligible for pretrial diversion, subject to statutory restrictions
Please Note:
Our Measures are meant to be a starting point for a conversation about the criminal justice system that addresses what’s working well and what needs further attention. The aim is to create transparency. To learn more please see our process & methodology.Suggested Citation:
Measures for Justice Data Portal.(Data Release: 2.3.6).Retrieved from https://www.measuresforjustice.org on 2/6/2020.Footnotes:
Dismissals that took place before charging are not captured by the data.
Dismissal language was obtained from the court data provided by the North Carolina Administrative Office of the Courts. The exact language pulled from this file to flag dismissed charges included: dismissed by the court; no probable cause; dismissed speedy trial; voluntary dismissal DA. A case is considered dismissed only if all charges were dismissed.
In North Carolina, law enforcement agents have the ability to file charges directly with the court. The use of this discretion varies by county. In these instances, prosecutors are not given the opportunity to decline the charge or determine the severity of the offense for which the defendant is charged. This may lead to a greater proportion of case dismissals.
This measure may be inflated in this state if successful pretrial diversions were overwritten as dismissals in the source data.
Percentage of cases that had missing/unknown data on any of the factors needed for inclusion in the measure.