Legal Question in Criminal Law in North Carolina

In North Carolina, the District Attorney has exclusive control over what charges will be prosecuted. You can not demand a jury trial. However, the District Attorney position is an elected position of public trust, so victims family input should be taken into consideration.

No. While I am sorry for your loss, the district attorney has the discretion to try cases on behalf of the wrong done the state. Although your son was the victim, the criminal wrong is on behalf of the state, not your son. Your son or his survivors are not a party to the criminal action and have no rights to demand a jury trial. Moreover, the district attorney has the discretion as to how a case will be resolved - whether by plea bargain or a trial. As a practical matter, the district attorney cannot try every single case. Also, the evidence might be problematic from the district attorney's perspective such that it would be better to accept a plea to a lesser offense rather than seek the death penalty. In addition, no defendant wants to face the death penalty and defendants facing that may be tempted to provide favorable evidence to the state/district attorney whether on this or other cases in exchange for a plea bargain.

I don't know the facts of the case, but any of these could be possibilities and the district attorney is not obliged to share his theories with the victim's family. If a plea bargain is worked out, you will have an opportunity to submit a victim impact statement or possibly speak at the time of sentencing of the defendant.

I know that it is not much consolation for your loss. Regardless of whatever the district attorney decides, you can always bring a separate action against the defendant for causing the wrongful death of your son and in that civil action you can request a jury trial. The problem is that criminal defendants don't have money and unless the defendant has assets, most victims' families do not bring separate actions.