Legal Question in Criminal Law in North Carolina
My sister in law took out a bogus assault charge against me, she lives out of state. She told her sister (my spouse) that the state took her case that she can not reverse the charge. My wife just received a summons to appear. Did her sister ask for the summons or can the court subpoena someone on their behalf
2 Answers from Attorneys
Once criminal charges are filed, the State completely takes over the case...it is not your sister in law's case....it is the states case. Anything done in the case will be done by the DA without any consultation with your sister in law. So no, she did not ask for the summons, the DA issued it.
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