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When an officer comes to a magistrate before arresting a fugitive, the magistrate should:
Determine whether there are proper grounds for arresting the fugitive. There are three
grounds that justify issuance of a fugitive arrest warrant:
1. A person was charged with a crime in another state and fled to North Carolina;
2. A person was convicted in another state and escaped to North Carolina;
3. A person violated conditions of probation or parole by coming to North Carolina.
The officer’s information must be reliable. It will typically consist of a DCI-PIN message, but
it could also be in the form of some other communication from the other state. The
magistrate DOES NOT determine whether there is probable cause to believe the person
committed the crime in the other state. The magistrate only determines that one of the three
grounds for arrest listed above exists and that this is the person wanted by the other state.
Complete the Fugitive Affidavit (AOC-CR-911M) and the Warrant for Arrest for Fugitive
(AOC-CR-910M). Attach copies of the document or information used to establish the person’s
fugitive status and remind the officer to bring a copy of the out-of-state charging document
to the clerk as soon as possible.
When the fugitive is brought before the magistrate, follow the appearance procedure below.
When an officer comes to a magistrate after arresting the fugitive without a warrant, the
magistrate should:
Determine whether the person has been charged with a crime in another state that is
punishable there by death or imprisonment for more than one year. (An officer may arrest a
fugitive without a warrant only when that is the case.) The magistrate DOES NOT determine
whether there was probable cause for the charge in the other state—only whether the
person has been charged there, and that the person arrested is the person charged.
Complete a Fugitive Affidavit (AOC-CR-911M) and the Magistrate’s Order for Fugitive (AOC-
CR-909M). Attach copies of the document or information used to establish the person’s
fugitive status and remind the officer to bring a copy of the out-of-state charging document
to the clerk as soon as possible so they may be attached to the original copy of the
magistrate’s order in the clerk’s office.
Follow the appearance procedure below.
Appearance procedure when the fugitive is brought before a magistrate:
Inform the fugitive of charges and his or her right to communicate with counsel and friends.
If applicable, set release conditions. Under G.S. 15A-736, bail is improper when the out-of-
state offense is punishable in that state by death or life imprisonment. That same statute
says bail is only proper “by bond, with sufficient sureties.” Many local bond policies offer
guidance on setting bonds for fugitives.
Order the earliest possible appearance before a district court judge (or a time within 30 days
if the chief district court judge has a policy to that effect).
If bail is not allowed or the fugitive cannot make bond, commit the fugitive to the county jail.