![]() (iii) Jeff Welty, " Court of Appeals: Pleading Standards are Releaxed for Citations," N.C. (ii) Jeff Welty, " Court of Appeals Rules That a Citation Was Sufficient Even Though It Failed to Allege Multiple Elements of an Offense," N.C. (i) Shea Denning," Citation for Open Container Violation that Ommitted Elements Was Sufficient to Confer Jurisdiction," N.C. For more information about the relaxed pleading standards for citations, see these blog posts: Citations are deemed sufficient as long as they “identify the crime charged” and put the defendant on notice. Remember that while an indictment must correctly allege every essential element of an offense, a citation which fails to state an element is likely still valid. Cite the person to whom issued to appear in a designated court at a designated time and date.Identify the officer issuing the citation and.Contain the name and address of the person cited, or other identification if that cannot be ascertained.Identify the crime charged, including the date (where material, it must identify the property and other persons involved).If the magistrate finds probable cause that a crime has been committed, the magistrate must issue a magistrate’s order, another type of criminal pleading discussed below. A person arrested without a warrant must be taken before a magistrate. 15A-401(b), but has no authority to arrest for an infraction. ![]() An officer may arrest a person for a misdemeanor if grounds exist for a warrantless arrest under G.S. An officer may issue a citation for any misdemeanor or infraction for which the officer has probable cause. The principal difference between a citation and other forms of process is that a citation is issued by a law enforcement officer, as opposed to a judicial official. 15A-305.Ī citation is a written charge issued by a law enforcement officer. 15A-922(a) and by itself does not charge a crime. Note that an order for arrest may also be issued in conjunction with a criminal pleading, but it is not included in G.S. 15A-922(a) (citation, summons, warrant for arrest or magistrate’s order all serve as state’s pleading in district court). Misdemeanor Pleadings in District Courtįor misdemeanor cases in district court, the criminal process issued to the defendant (that is, the document which compels a person to appear and answer for a crime or misdemeanor in court) usually doubles as the criminal pleading (that is, the document which charges an offense and provides notice to the defendant. Similarly, an error in citing the statute or rule violated or its omission is not grounds for dismissal of the charges or for reversal of a conviction. For example, the statute listing the requirements states that an error regarding a date in a pleading or the omission of a date is not grounds for dismissal of the charges or reversal of a conviction if time was not of the essence and the error or omission did not prejudice the defendant. While these are listed as required components of a criminal pleading, their absence does not necessarily render the pleading invalid. In felony cases, a plain and concise factual statement of any aggravating factor upon which the state intends to rely.A citation of the statute or rule of law alleged to have been violated and. ![]()
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