This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Arrest Without Disposition In North Carolina
Category:
State:
Multi-State
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
What is legally required for an officer to arrest you? The officer has “probable cause.” Probable cause is the grey area between suspicion and complete certainty. The officer has personally observed the crime. The officer has an arrest warrant.
North Carolina General Statutes § 15A-404, entitled, "Detention of offenders by private persons," provides that a private person may detain another person when he has probable cause to believe that the person has committed certain specified offenses in his presence, including “a breach of the peace." N.C.G.S.
If you are not in immediate danger, or the alleged crime is not in progress, you should contact your local law enforcement agency's non-emergency number in order to request an investigation. In some cases, law enforcement might advise you to begin the charging process, yourself.
G.S. 15A-401 – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense, or has violated a pretrial release order entered under G.S. 15A-534 or G.S. 15A-534.1(a)(2), in the officer's presence.
A certified disposition can only be issued by the court where the case took place. Courts have different procedures and requirements for how to get a certified disposition. Some courts may require that you make your request in person, while others may honor requests made by mail, phone, or online.
Ultimately, the decision to drop charges rests with the prosecutor handling the case. However, if the victim requests dismissal, it can weigh heavily in the prosecutor's decision-making process, particularly if the victim refuses to cooperate or testify.
More info
If a no information was filed you can say you have never been convicted or had adjudication withheld on a criminal charge. This provision gives the court broad authority to dispose of property at the end of a criminal proceeding in any appropriate and lawful manner.It means just what it says unfortunately. You have been charged with a misdemeanor offense and you haven't been officially served with the process yet. Yes. Even if charges dropped and no conviction it will show on background check and public records. Even acquittals appear. Many arrests will be listed that have no disposition. Note: This handoutprovides a general overview ofthe processing ofa misdemeanor case in. It will not show up as an arrest. It means the prosecutor decided not to charge you with a crime.