Legal Question in Criminal Law in North Carolina
I was incarcerated unlawfully for failure to appear for a citation written in January 2009. There was no subsequent criminal summons or warrant for arrest prior to arrest for failure to appear. The citation for the original offense is not sanctioned by Circuit Court of Appeals as a legal order to appear under the U.S. Constitutional requirement that an order must be made by a magistrate (a judicial official) after an affidavit by a complainant has been made under oath. I spent 24 days in jail, and the case was dismissed for failure of the State's witness to appear to testify against me.
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