State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-303

§15A‑303.  Criminal summons.

(a)        Definition. – Acriminal summons consists of a statement of the crime or infraction of whichthe person to be summoned is accused, and an order directing that the person soaccused appear and answer to the charges made against him. It is based upon ashowing of probable cause supported by oath or affirmation.

(b)        Statement of theCrime or Infraction. – The criminal summons must contain a statement of thecrime or infraction of which the person summoned is accused. No criminalsummons is invalid because of any technicality of pleading if the statement issufficient to identify the crime or infraction.

(c)        Showing of ProbableCause; Record. – The showing of probable cause for the issuance of a criminalsummons, and the record thereof, is the same as provided in G.S. 15A‑304(d)for the issuance of a warrant for arrest.

(d)        Order to Appear. –The summons must order the person named to  appear in a designated court at adesignated time and date and answer to the charges made against him and advisehim that he may be held in contempt of court for failure to appear. Except forcause noted in the criminal summons by the issuing official, an appearance datemay not be set more than one month following the issuance or reissuance of the criminalsummons.

(e)        Enforcement. –

(1)        If the offensecharged is a criminal offense, a warrant for arrest, based upon the same oranother showing of probable cause, may be issued by the same or another issuingofficial, notwithstanding the prior issuance of a criminal summons.

(2)        If the offensecharged is a criminal offense, an order for arrest, as provided in G.S. 15A‑305,may issue for the arrest of any person who fails to appear as directed in aduly executed criminal summons.

(3)        A person served withcriminal summons who willfully fails to appear as directed may be punished forcontempt as provided in G.S. 5A‑11.

(4)        Repealed by SessionLaws 1975, c. 166, s. 4.

(f)         Who May Issue. – Acriminal summons, valid throughout the State, may be issued by any personauthorized to issue warrants for arrest. (1973, c. 1286, s. 1; 1975,c. 166, ss. 4, 5; 1975, 2nd Sess., c. 983, s. 138; 1983, c. 294, s. 3; 1985, c.764, s. 5.)