Legal Question in Administrative Law in North Dakota

''Magistrate'' signature on arrrest warrant

Is an arrest warrant legal when the document stipulates a signature: Magistrate, but instead of a magistrate�s signature it is signed by the court docket filing clerk? This is in North Dakota and the charge was a misdemeanor for writing a worthless check. Is the warrant as worthless as the crime it represents? Who has the power or authority to sign an arrest warrant?


Asked on 12/15/07, 4:55 am

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

Re: ''Magistrate'' signature on arrrest warrant

This is an interesting question. I can not find any authority for the clerk to sign an arrest warrant. However, who's signature is on the warrant?

There is a more practical problem here. The best case scenario for you is that the warrant is faulty and the case must be dismissed, but then the prosecuting attorney is going to correct the mistake and recharge the crime, so you would be back in the same position you are now.

Your best bet is to hire an attorney, or talk to the prosecutor yourself and ask what penalty they are looking for if you were to plead guilty. If you are not guilty of the crime then I suggest you maintain your not guilty plea and hire an attorney. Good Luck.

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Answered on 12/15/07, 6:46 pm


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