About Your District Attorney
The District Attorney for the Fortieth Prosecutorial District is Todd Williams
Thank you for visiting the web site of the District Attorney’s Office in Prosecutorial District 40, which encompasses all of Buncombe County in North Carolina. It is the duty of this office to represent the State with integrity and professionalism, while protecting victims and their rights, in the pursuit of justice.
The goal of this site is to make the information and services provided by the District Attorneys’ Office and the criminal justice system available to the public. Please take the time to search each webpage and explore all of the information we have provided you. Should you have any questions, we have also included details on how you may contact us.
“District Attorney” commonly refers to an attorney for the community elected by the people in his/her district to represent the interests of the general public, including crime victims in court proceedings against people accused of committing crimes. Other jurisdictions use various terms: Prosecutor, U.S. Attorney (a federal prosecutor), Solicitor, or State’s Attorney.
The primary duty of the District Attorney is to prosecute all criminal cases filed in the district. The District Attorney represents the state in all criminal and some juvenile matters. In addition, the District Attorney is responsible for preparing the criminal trial docket and advising law enforcement officers in the district.
Todd Williams is a North Carolina native born in Winston-Salem. He attended U.N.C. at Chapel Hill and graduated in 1992 with a B.A. in English. After college, Todd taught English as a Second Language and adult basic skills to textile workers, immigrants, and the homeless in central North Carolina. Todd’s experience before law school led him to pursue a career in social justice through public service law and later legal internships at the Southern Center for Human Rights and a civil rights law firm led Todd to focus on criminal justice. D.A. Williams is a N.C. State Bar Board Certified Specialist in Criminal Law and lives in Asheville with his wife, a trauma focused mental health counselor, and family.
Todd worked for nearly 15 years as both a public and capital defender and represented indigent defendants of all ages at every level in our justice system from misdemeanors to murder. Prior to 2014, five young working-class African American men had been convicted on bad, undisclosed evidence in Buncombe County and had served years in prison for crimes they did not commit.
D.A. Williams has resolved heinous crimes while concurrently working to reverse questionable past convictions including convictions of the young men who were exonerated (see above) and to remove two men from N.C.’s death row. D.A. Williams was instrumental in creating wraparound services for victims through the Child Advocacy and Family Justice Centers, and services for offenders including the Justice Resource Center, the Adult Drug, and Juvenile Misdemeanor Diversion Programs, Veterans’ Treatment Court, expungement clinics and amnesty days, all focused on offering opportunities to non-violent offenders to regain employability and recovery without the stigma of a conviction.
The integrity of the justice system was at an ebb, and in early 2014 Todd launched a trailblazing campaign for D.A. that proudly focused both on his service to immigrants and the unhoused and his broad experience in criminal law as a public defender in N.C. courts. Todd claimed that a prosecutor was morally required to right past wrongful convictions and to expand prosecutorial discretion to enhance pathways to healing and rehabilitation for both justice-involved persons and victims of crime. Todd resoundingly defeated a 24-year incumbent and took office on January 1, 2015. D.A. Williams was re-elected in 2018 and again in 2022.
D.A. Williams recommended investigation of the Buncombe County Manager for corruption and called for an end to self-investigation of potential criminal behavior by law enforcement agencies. Currently, D.A. Williams is proud to serve as a Commissioner on the North Carolina Innocence Inquiry Commission, and is an active participant in national justice networks sponsored by the Association of Prosecuting Attorneys, Prosecutors Against Gun Violence, the Institute for Innovation in Prosecution, and Fair and Just Prosecution.
Courts Information
Frequently Asked Questions
What does the District Attorney do?
The District Attorney’s primary responsibilities, along with his or her assistants and staff, are to prosecute all criminal cases filed in District and Superior Courts, represent the State in Juvenile proceedings, prepare the criminal trial docket, and advise local law enforcement. The District Attorney is devoted to carrying out these duties full-time and does not engage in any other practice of law. For more information, or to contact your local District Attorney’s office, please visit this page to Find Your District Attorney.
What is the difference between District Court and Superior Court?
Juvenile matters and less serious criminal offenses such as misdemeanors and infractions are usually prosecuted in District Court, while more serious offenses such as felonies are usually prosecuted in Superior Court. Trials in District Court are always held before a judge, while trials in Superior Court are usually held before a jury. For more information, see the Judicial Branch help page here, or refer to the Conference page on the Court Process.
Can I choose the prosecutor that will be appointed to represent me?
Unlike a civil case where one person files a claim against another person, in a criminal case the State of North Carolina itself is the party, rather than the victim. Therefore, the District Attorney for the county where the case is being prosecuted is responsible for assigning a prosecutor to handle the case on behalf of the State. However, crime victims have important rights regarding how the case is handled, including the right to reasonably confer with the prosecutor and be kept informed about court dates and other developments. For more information, see the Victims’ Rights page here.
If you are the defendant in a case, you may hire the attorney of your choice to represent you in legal proceedings. If you cannot afford an attorney, you may have the option to obtain a court-appointed attorney. Should you be convicted, you may be required to reimburse the state for the cost of this attorney.
What are my court costs?
For an explanation and list of current criminal court costs, please visit the Judicial Branch help page here.
Can the District Attorney’s office explain my charges, insurance points and/or driving license points?
No. The District Attorney’s office represents the State in the prosecution of traffic, juvenile, and criminal matters, and is prohibited by ethical rules from giving legal advice to someone who is charged with an offense. You should consult a private attorney for legal advice.
I received a traffic ticket but have lost it. What do I do now?
Anyone can search for a court date using the defendant’s name, officer’s name, county, case number, or other case details using the Judicial Branch court date locator.
What does it mean if I get a subpoena?
A subpoena is a writ issued by an officer of the court that commands the presence of a witness to testify, produce documents, or both, under penalty for failure to comply. If you receive a subpoena, you are required to abide by the conditions detailed within the subpoena, and as set out by law. If you are a victim or witness for the State in a case and you have questions about complying with a subpoena, contact your local district attorney’s office for more information. Defendants and other parties with questions about complying with a subpoena should consult an attorney.
How long am I under subpoena?
You are required to abide by the conditions detailed within the subpoena until released by the court. If you are a victim or witness and receive a subpoena from the State, contact your local district attorney’s office for more information.
Can I change the court date of my case if I have a conflict?
If you are the victim of a crime or a witness for the State and have a conflict with the court date given, please contact the local district attorney’s office. Defendants and other parties should consult with an attorney or refer to the Judicial Branch help page on “Going to Court” available here.
How do I get compensated for any losses I have experienced as a result of a crime?
Resources are available to reimburse those who suffer medical expenses and lost wages as a result of being an innocent victim of a crime in North Carolina. Victims of rape, assault, child sexual abuse, domestic violence, drunk driving, and the families of homicide victims are eligible to apply for financial help. For more information, please see this page on Victim Compensation, or speak with the prosecutor handling your case.
State law also allows the prosecutor to request restitution (repayment for the victim’s losses) as part of the sentence of any defendant who is found guilty of a crime. Reimbursable losses may include out-of-pocket expenses, such as repair costs, medical bills, and stolen property, which have not previously been covered. More information on restitution is available here.
Can I choose the attorney that will be appointed to represent me?
If you are a victim of a crime, the District Attorney will assign himself/herself or an assistant district attorney to prosecute the case on behalf of you and the State.
If you are the defendant in a case, you should hire a private attorney of your choice to represent you in legal proceedings. If you cannot afford an attorney, you may have the option to obtain a court appointed attorney. Should you be convicted, you may have to reimburse the state for the cost of this attorney.
How will the defendant’s sentences be determined?
North Carolina operates under a policy called “structured sentencing.” This means that the judge must follow specific sentencing guidelines based upon the crime committed and the defendant’s prior criminal record and impose a sentence within a particular range that is set by statute. Depending on the offense level and criminal history, a defendant may be subject to a fine, probation, an active sentence, or a combination of those punishment options.
In general, more serious offenses and a more extensive prior criminal history will subject a defendant to greater punishment, while less serious offenses and a limited criminal history will subject a defendant to lesser punishment. Sentencing can be complex, and it depends greatly upon the facts of each case. Victims are encouraged to contact the prosecutor handling the case with any questions they have about the sentence a particular defendant will receive.
How can I conduct a criminal record check?
Public terminals located at most Clerks of Superior Court’s offices are available to search criminal records. There are also a number of private services that will conduct these searches for a fee. More information is available at the Judicial Branch help page here.
What do I do if I am a victim of or have witnessed a crime?
Please contact your local law enforcement agency and report the crime as quickly as possible. If it is an emergency, call 911 immediately.
I have been charged with a minor offense, do I have to go to court?
For an explanation of tickets, citations, and offenses payable by mail (waivable offenses) please visit the Judicial Branch help page here.
Helpful Links
Courthouse Locations
Asheville, NC 28801