Skip to Content
Make a Payment
Se Habla Español | Call Today! 704-931-5535
817 E. Trade St. Charlotte NC, 28202
Jetton & Meredith, PLLC Jetton & Meredith, PLLC
Top

Can Someone File Criminal Charges Against You? Understanding Private Warrants in North Carolina

Understanding-private-warrants-in-north-carolina

Can Someone File Criminal Charges Against You? Understanding Private Warrants in North Carolina

Most people assume that once an argument or disagreement is over, they can move on. But in some situations, a personal dispute can turn into a criminal matter, even if the police were never involved.

In North Carolina, a private citizen can ask a magistrate or other authorized judicial official to initiate criminal charges against another person. This is commonly referred to as the private warrant process, and it allows someone to pursue criminal charges without law enforcement initiating the case.

However, simply accusing someone of a crime does not mean charges will automatically be issued.

How Does the Private Warrant Process Work in North Carolina?

Under North Carolina law, a private citizen can present allegations of criminal conduct to a magistrate or other authorized judicial official. Before any criminal process can be issued, the official must determine whether there is probable cause to believe a crime was committed and that the accused person committed it.

Under N.C. Gen. Stat. § 15A-304, the complaining citizen may provide sworn testimony or a written affidavit describing the alleged offense. The judicial official then evaluates the information to determine whether probable cause exists.

If probable cause is established, the official may issue a criminal summons or, under certain circumstances, a warrant for arrest.

Can You Be Arrested Because of a Private Warrant?

Yes, but an arrest is not automatic.

In most cases where criminal charges are based solely on allegations made by a private citizen, the accused will receive a criminal summons rather than an arrest warrant.

A criminal summons notifies the individual of the charges against them and provides a date and location for their court appearance. It does not authorize an immediate arrest, but the accused is still required to appear in court.

An arrest warrant, on the other hand, allows law enforcement to take the accused into custody.

Under North Carolina law, when probable cause is based solely on a private citizen's sworn allegations, an arrest warrant generally requires additional justification. This may include:

  • Corroborating testimony from a law enforcement officer or disinterested witness.

  • A finding that requiring a law enforcement investigation would place a substantial burden on the complaining citizen.

  • Substantial evidence of circumstances supporting an arrest, such as a risk that the accused will not appear in court, danger to a person or property, or the seriousness of the alleged offense.

These requirements help protect individuals from being arrested solely because another person has accused them of wrongdoing.

Are Private Warrant Charges as Serious as Charges Filed by Police?

Yes. Although a private citizen may initiate the process, the resulting criminal charges carry the same legal weight as charges initiated by law enforcement.

A person charged through the private warrant process can face the same court proceedings and potential penalties as someone charged following a police investigation.

It's also important to understand that a private citizen does not control the criminal case simply because they initiated the complaint. Once charges are filed, the case becomes part of the criminal justice system, and the prosecutor generally determines how the case proceeds.

What Should You Do If Someone Files a Private Warrant Against You?

Being accused of a crime can be frustrating, especially when the allegations stem from a personal disagreement or a situation you believed had already been resolved.

Even if you believe the accusations are false or exaggerated, it's important to take the charges seriously. Avoid confronting the person who made the allegations, preserve any relevant evidence, and make sure you understand when and where you are required to appear in court.

Speaking with a criminal defense attorney early in the process can help you understand the charges, evaluate the evidence, and determine the best way to move forward.

Frequently Asked Questions About Private Warrants in North Carolina

Can someone press charges against me without involving the police?

Yes. A private citizen can request criminal charges through a magistrate or other authorized judicial official. However, the official must find probable cause before issuing criminal process.

Can private warrant charges be dismissed?

Yes. Like other criminal charges, cases initiated by private citizens may be dismissed depending on the evidence and circumstances. However, dismissal is not guaranteed simply because the charges were initiated by a private citizen.

Do I need an attorney if I receive a criminal summons?

While you are not necessarily required to hire an attorney, criminal charges can have lasting consequences. An experienced criminal defense attorney can help you understand your rights and options.

Facing Criminal Charges in North Carolina? Jetton & Meredith Can Help.

A disagreement that turns into criminal charges can quickly become overwhelming, particularly when you never expected the situation to involve the courts.

At Jetton & Meredith, our criminal defense attorneys represent individuals facing criminal charges throughout Charlotte, Mecklenburg County, Union County, Cabarrus County, and surrounding areas. Whether the charges originated with law enforcement or a private citizen, our team can help you understand the allegations and work toward protecting your rights.

If you've received a criminal summons or learned that someone has sought a warrant against you, contact Jetton & Meredith at 704-931-5535 to discuss your situation with our criminal defense team.