North Carolina Private Criminal Complaint for Arrest Warrant and/or Summons

State:
Multi-State
Control #:
US-01580BG
Format:
Word; 
Rich Text
223 downloads

Description

The rights that a citizen seeks to enforce criminally are not private but are lodged in the state, although a citizen has a right to proceed in a civil action. [FN3] Once a private party alerts the court of alleged criminal activity through the filing of an application for issuance of a criminal complaint and the court responds to the application, the private party's rights have been satisfied.


A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him. Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court.

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FAQ

Essentially, probable cause is the standard required for officers or government agents to search, seize, or arrest an individual's person or property.

A warrant is issued when law enforcement agents determine there is probable cause to suspect you have committed a crime. That means, in their view, sufficient evidence exists to believe it is more likely than not that a crime has occurred and you are guilty of it.

Unlike a warrant, an order for arrest can be recalled. If it is done properly, law enforcement will stop looking for you and it will no longer show up if you have an encounter with law enforcement.

If you are in immediate danger or there is crime in progress, you should call 911. 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.

Is a Criminal Summons the same as a Warrant for Arrest? No. The primary difference between a Warrant for Arrest and a Criminal Summons in North Carolina is that a Summons does NOT result in an arrest or being taken into custody.

? A judicial official may issue a warrant for arrest only when he is supplied with sufficient information, supported by oath or affirmation, to make an independent judgment that there is probable cause to believe that a crime has been committed and Page 8 NC General Statutes - Chapter 15A Article 17 8 that the person ...

G.S. 15A-543(a). If the defendant was on release in connection with a pending felony, or on release following a conviction in superior court, the failure to appear is a Class I felony.

The difference between a bench warrant and an arrest warrant is significant. A bench warrant is issued when you fail to show up to court, while an arrest warrant is issued when law enforcement believes you've committed a crime.

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North Carolina Private Criminal Complaint for Arrest Warrant and/or Summons