AG 1999 01 19 - Laserfiche WebLink

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and Disruptive is). The law does provide for a person to be held until s/he is sober, up to a maximum of 24 hours, though this poses problems of liability and cost to the county. A detox facility is available in Charlotte, and the mental health center is planning to open one in Kannapolis. Two shelters for battered women are located in the county. Sometimes a law enforcement officer will issue a citation, which directs the defendant to appear in court at a specific time. Citations may be issued for any infraction or misdemeanor and are used in Cabarrus County for traffic and other minor offenses. The pretrial release policies formulated by the Senior Resident Superior Court Judge in consultation with the Chief District Court Judge state "Law enforcement officers are encouraged to use citations in those misdemeanor cases in which they feel confident that the defendant will appear in court on the days they are due to appear." Likewise, a summons does not require a person to be taken into custody, but to appear in court at a specified time. A law enforcement officer obtains a summons from a magistrate and serves it. The Cabarrus pretrial release policies state "Clerks and magistrates are encouraged to use the criminal summons instead of warrants in non- support and other appropriate misdemeanor cases." A warrant authorizes an officer to take someone into custody. Usually, if a crime was committed outside of an officer's presence, the officer must first conduct an investigation and then go the magistrate and request an arrest warrant. Table 2 indicates that the total number of arrests in Cabarrus Countv increased between 1995 and 1996 and between 1996 and 1997. The number of arrests statewide also increased. TABLE 2 I 1995 ! 1996 i !.997 ! Cabarrus 8,823 i 9.959 ='~ 10,170 ,,-~- North Carolina 437,678 506,885 J,,,~-~ The rate of arrests (per 1,000 citizens) in Cabarrus County ih 1997 was 81.36. statewide rate was 72.7. The hVITIAL APPEARANCE Arrested defendants must be brought before a magistrate without unnecessary delay, if a magistrate finds probable cause that an offense has been committed, s/he must set conditions of pretrial release. If someone is brought to the magistrate's office on a warrant, probable cause has already been found, and the magistrate is just deciding on pretrial conditions. One of the following actions must be taken: · The defendant is required to sign a written promise to appear in court, sometimes referred to as a "release on recognizance (ROR)";