About Your District Attorney
The District Attorney for the Sixth District Prosecutorial District is Ben David
Thank you for visiting the website of the District Attorney’s Office in Prosecutorial District 6, which encompasses New Hanover and Pender Counties, 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 our office.
“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 District Attorney is elected to a four-year term by the voters within the district he or she serves. District Attorneys are not allowed to engage in the private practice of law.
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.
Ben David was elected District Attorney of New Hanover and Pender Counties in 2004. He has served on the North Carolina Chief Justice’s Commission on Professionalism and the Governor’s Gang Task Force, and he is a founding member of Law Enforcement Leaders to Reduce Crime and Incarceration.
David currently co-chairs the Chief Justice’s Task Force on ACEs-Informed Courts. He is also an adjunct professor at UNC-Wilmington and a certified instructor for law enforcement. Before joining the District Attorney’s Office in 1999, he was an associate attorney in the trademark litigation section of the Intellectual Property group at Petree Stockton (now Kilpatrick Townsend & Stockton).
David has authored many magazine, newspaper, and journal articles as well as a book, Crime and Community in the Cape Fear: A Prosecutor’s Guide to a Healthier Hometown. He has been a keynote speaker national and international conferences as well as provided commentary on criminal justice issues on Today, PBS NewsHour, and Dateline NBC.
About The Team
The District Attorney’s office is the largest firm in the Sixth District. We have 23 Assistant District Attorneys and 29 non-lawyers, made up of victim witness assistants, investigators, and court liaisons for law enforcement agencies, for a total of 52 dedicated public servants who represent the nearly 300,000 people living in these two counties. All of them serve at the will of the elected District Attorney, which means they can be hired or fired without cause. The experience among this team is unbelievable: among the lawyers alone, for example, we have well over 200 combined years of experience prosecuting crime.
Sworn Duties
We have two primary responsibilities in the District Attorney’s Office: first, to advise local law enforcement and second, to prosecute every criminal matter in the territorial jurisdictions of both New Hanover and Pender Counties. There are more than 1,000 sworn law officers in over 20 different state and federal law enforcement agencies with whom we work every day. We employ a police/prosecutor team approach and proactively work with officers during all phases of a case. When cases come to trial, we set the calendar and have the burden of proof in all cases from simple traffic offenses to first degree murder. There are more than 50,000 traffic offenses, 20,000 misdemeanors, and 5,000 felonies calendared each year in the Sixth District. We keep the courts running five days a week.
Setting Priorities and Setting the Tone
If everything is a priority, then nothing is. Our priority has been, and will continue to be, the prosecution of violent crimes and career criminals. We will always be defined by the cases we try in front of juries; however, winning murder trials not only gives justice to victims in those individual cases, it sets the tone for the whole District. When you consistently win the big cases in front of juries, then the drug dealers, thieves and other violent offenders’ line up to plead guilty to their charges. This saves valuable resources and court time. The truth is, around the state, 98% of all cases result in a plea–a non-jury disposition in front of a judge. We are no different in this District and with the case volume we have, it is the only practical way to keep the docket moving.
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
Wilmington, NC 28401
100 S. Wright St.
Burgaw, NC 28425