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But there’s at least an argument that a magistrate would have the inherent authority to do so in the interest of justice, or that a magistrate would be able to do so under his or her responsibility to “keep . Of course, as noted above, not every magistrate will be able to change the date in NCAWARE, so this solution won’t always work. Officers, is it possible for you to track summonses assigned to your agencies and return each unserved summons to the clerk for reissuance with a new date as soon as the first court date passes? A change to the statutes might help to address this situation.And some magistrates may be reluctant to update a summons, especially one issued by another magistrate, without clear authority to do so. It’s frustrating that there isn’t a great legal answer to this question, especially as it pertains to nights and weekends. One option would be to authorize officers to set a new date if the original court date has passed.In this scenario, contacting the magistrate’s office is probably the best option.It isn’t slam dunk obvious that a magistrate has the authority to change the date. dockets” under the general supervision of the clerk, G. 7A-175, or that the reference to “reissuance” of a summons in G. 15A-303(d) would give a magistrate the authority to do so.One that sees right through you and can show you yourself which is probably all you need but left to your own vision incapable.One that cuts with truth and heals with love Nipsey Hussle was a talented entertainer that used his celebrity to shine a light on his community and give back.No law enforcement officer is able to locate and serve Daniels until February 14, when Officer Oxendine spots Daniels enjoying a Valentine’s Day meal out with his girlfriend. I don’t know of any statutory or other authority for an officer to do that. Having said that, it is my understanding that having officers alter summonses is common practice in some areas of the state.I have even heard that at one time, officers were trained to do this as the preferred course of action.
What happens when a magistrate issues a criminal summons for a defendant but the defendant can’t be located until after the court date on the summons has passed?
Readers who deal with this issue regularly, what do you think? I would be interested to know what solutions are out there.
Absent statutory clarification, this may be a topic for law enforcement leaders, clerks, magistrates, and chief district court judges to discuss together.
Monday through Friday during the day: work with the clerk.
Suppose that February 14 is a Tuesday and Defendant Daniels and his girlfriend are enjoying a nice Valentine’s Day lunch.
And to some extent, NCAWARE accommodates this approach.