North Carolina S721 modifies criminal processes to disallow arrest warrants for non-law enforcement officers, except in domestic violence cases.
North Carolina S721 modifies the criminal process by disallowing the issuance of a warrant for arrest when a criminal charge is initiated by a non-law enforcement officer, except in cases of domestic violence. If the probable cause finding is based solely on an affidavit or testimony from a non-officer, a criminal summons must be issued instead of an arrest warrant. Exceptions include cases of domestic violence, corroborating testimony from a law enforcement officer or disinterested witness, or substantial burden on the complainant to involve law enforcement.
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- Legal Framework
- Critical Issues
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