North Carolina Misdemeanor Criminal Summons

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State:
North Carolina
Control #:
NC-CR-113
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PDF
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Description

Misdemeanor Criminal Summons: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

Once the application has been made before the magistrates' clerk, the court may issue a summons of the named individual under the MCA 1980, s 1. The decision whether to issue summons is a judicial one, not an administrative one. A summons (but not a warrant) can be issued by a clerk to the justices.

If you receive a summons and do not appear in court, you will become familiar with the second way people are bought to court on criminal charges: a warrant will be issued for your arrest. An arrest warrant is a court order for law enforcement to arrest a person and bring them before the court to answer the charge.

Every summon shall be served by a police officer, or by an officer of the court issuing it or any other public servant. The summon shall if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

Every state has their own sentencing and extradition rules regarding misdemeanors, but as a general rule no state extradites for misdemeanors. The process is the same, but of course reversed, if a North Carolina fugitive is found in another state.

A Summons is an official notice of a lawsuit. It is given to the person being sued. If you sue someone, they need to know about it. This way, they can come to court and fight the lawsuit. When you serve the defendant with a Summons, you officially tell that you are suing them.

The deadline to extend the summons is 90 days after issuance of the summons. If a summons has already been extended by either method, it may be extended again and again, and the deadline each time is 90 days after the most recent extension.

A summons, although restricting liberty in some capacity, instead requires the person accused to appear in court at a certain time, eliminating the need for arrest.An officer may choose to issue a criminal misdemeanor summons instead of an arrest because it is inconvenient to take that person to jail and process them.

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North Carolina Misdemeanor Criminal Summons