Tom Andrews Basil McVey

2. Administrative Office of the Courts OUT OF COUNTY PROCESS OVERVIEW INTRODUCTION STEPS IN COUNTY OF ARREST STEPS IN ORIGINATING COUNTY NC AWARE

3. Administrative Office of the Courts INTRODUCTION THE SITUATION Defendant is charged in one county Paper process issued in that county Process in possession of law enforcement agency in that county Defendant arrested in another county Arresting officer does not have original or copy of process in his/her possession at time of arrest officer knows warrant has been issued in the other county, from DCI Message Magistrates System ACIS Other

4. Administrative Office of the Courts INTRODUCTION (Continued) CLARIFY TERMS ORIGINATING COUNTY COUNTY WHERE CHARGES PENDING COUNTY OF ARREST COUNTY WHERE DEFENDANT ARRESTED PROCESS INCLUDES WARRANT ORDER FOR ARREST CRIMINAL SUMMONS

5. Administrative Office of the Courts INTRODUCTION (Continued) CLARIFY MORE TERMS ORIGINAL INCLUDES INK-OR COMPUTER-SIGNED PAPER ORIGINAL ISSUED IN ORIGINATING COUNTY WHAT IS PRINTED OUT BY A FAX MACHINE IN COUNTY OF ARREST WHAT IS PRINTED OUT IN COUNTY OF ARREST USING MAGISTRATES’ SYSTEM INITIATING LAW ENFORCEMENT AGENCY THE AGENCY THAT SWORE OUT THE PROCESS IN THE ORIGINATING COUNTY

6. Administrative Office of the Courts INTRODUCTION (Concluded) DISTINGUISH PAPERLESS ARREST FROM WARRANTLESS ARREST This situation is a PAPERLESS ARREST, not a warrantless arrest. A warrant or other process has been issued It is just not in the possession of the officer who made the arrest But the officer knew that the warrant had been issued G.S. 15A-401(a)(2) authorizes paperless arrest A warrantless arrest is when no warrant has ever been issued, and the officer’s arrest is based his/her personal observation or knowledge of facts constituting probable cause.

7. Administrative Office of the Courts STEPS IN COUNTY OF ARREST VERIFY THAT PROCESS IS STILL OUTSTANDING CONDUCT INITIAL APPEARANCE RELEASE DEFENDANT WHEN CONDITIONS OF RELEASE ARE MET officer SERVES DEFENDANT officer ENTERS RETURN ON ORIGINAL NOTIFY ORIGINATING COUNTY OF ARREST; RECALL PROCESS RETURN ALL PAPERWORK TO ORIGINATING COUNTY SHERIFF TRANSFERS DEFENDANT TO ORIGINATING COUNTY

8. Administrative Office of the Courts 1. VERIFY THAT PROCESS IS STILL OUTSTANDING Outstanding means Process not already served Process not recalled Charges not disposed Prosecutor still wants to prosecute Undisposed charges VDWL charges

9. Administrative Office of the Courts 1. VERIFY THAT PROCESS IS STILL OUTSTANDING (Continued) Do not rely on DCI message Messages often stale Law enforcement agencies and agencies do not necessarily update How to verify ACIS Magistrates’ System Phone call to Clerk DA Initiating LEA

10. Administrative Office of the Courts 1. VERIFY THAT PROCESS IS STILL OUTSTANDING (Concluded) Verification is responsibility of arresting officer/agency in county of arrest Judicial official conducting initial appearance must: Be sure arresting officer/agency has verified that process is outstanding, or Do it yourself FAILURE TO VERIFY RISKS CONFIRMING FALSE ARREST !!

11. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE OBTAIN ORIGINAL PROCESS FROM ORIGINATING COUNTY AS SOON AS POSSIBLE PROMPTLY SET CONDITIONS OF PRETRIAL RELEASE SET COURT DATE INFORM CLERK IN ORIGINATING COUNTY OF COURT DATE MAKE OUT OF COUNTY NOTATIONS ON RELEASE ORDER

12. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE (Continued) A. OBTAIN ORIGINAL BY FAX LAW ENFORCEMENT AGENCY CONTACTS INITIATING LAW ENFORCEMENT AGENCY INFORMS IT OF ARREST ASKS IT TO FAX THE PROCESS BRINGS FAXED COPY TO JUDICIAL OFFICIAL JUDICIAL OFFICIAL MAY ARRANGE FOR AND RECEIVE FAX IF NECESSARY WHAT IS PRINTED BY FAX MACHINE IN COUNTY OF ARREST IS AN ORIGINAL, BY STATUTORY DEFINITION

13. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE (Continued) A. OBTAIN ORIGINAL FROM MAGISTRATES’ SYSTEM LAW ENFORCEMENT AGENCY CONTACTS INITIATING LAW ENFORCEMENT AGENCY INFORMS IT OF ARREST BRINGS DEFENANT BEFORE JUDICIAL OFFICIAL JUDICIAL OFFICIAL CALLS UP THE PROCESS IN THE MAGISTRATES’ SYSTEM PRINTS OUT THE PROCESS, FRONT AND BACK WHAT IS PRINTED OUT IS AN ORIGINAL, BY STATUTORY DEFINITION

14. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE (Continued) OBTAIN ORIGINAL IF NEITHER FAX NOR MAGISTRATES SYSTEM AVAILABLE ARRANGE FOR PHYSICAL DELIVERY OF SIGNED ORIGINAL AS SOON AS POSSIBLE

15. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE(Continued) A. OBTAIN ORIGINAL New Form (See next slide) Arresting Agency must send new form along with process Must complete Part 1. Verification Must date and sign Why? To be sure original original is promptly returned to clerk in originating county To avoid arresting defendant again

16. Administrative Office of the Courts Reserve for form

17. Administrative Office of the Courts

18. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE(Continued) B. PROMPTLY SET CONDITIONS OF PRETRIAL RELEASE JUDICIAL OFFICIAL MUST SET CONDITIONS OF PRETRIAL RELEASE AND ENTER RELEASE ORDER AS SOON AS ENOUGH INFORMATION IS AVAILABLE IT IS NEVER PERMISSIBLE TO DELAY ENTERING RELEASE ORDER FOR NO REASON OTHER THAT TO WAIT FOR ORIGINAL TO BE RECEIVED

19. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE(Continued) B. PROMPTLY SET CONDITIONS OF PRETRIAL RELEASE GATHER RELEVANT INFORMATION OBTAIN IT FROM ARRESTING OFFICER IF POSSIBLE CONTACT ORIGINATING COUNTY IF NOT WHAT IS RELEVANT IS THIS A CRIME OF DOMESTIC VIOLENCE FOR WHICH ONLY JUDGE MEY ENTER RELEASE ORDER FOR48 HOURS AFTER ARREST? IF PROCESS IS AN ORDER FOR ARREST, DOES IT RECOMMEND CONDITIONS? EVERYTHING ELSE YOU WOULD NORMALLY CONSIDER

20. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE(Continued) C. SET COURT DATE Set the court date specified in OFA, if the date is still in the future. For misdemeanors still in district court, set court date on initiating officer’s next court date in the originating county Use technology to do this, if available Otherwise, call the clerk in the originating county For felonies still in district court, set court date on next regular session of district court in originating county For felonies originally charged by indictment in superior Enter “Next Session of Superior Court in (name originating county). Contact District Attorney for date.”

21. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE(Continued) D. NOTIFY ORIGINATING COUNTY OF COURT DATE Do this immediately Use any effective means E-mail Fax release order Phone call Do not wait until all paper is ready to be returned Say, “Please add [name of defendant and their case numbers] to your calendar for [the court date you selected]

22. Administrative Office of the Courts 2. CONDUCT INITIAL APPEARANCE(Concluded) E. MAKE OUT-OF-COUNTY NOTATIONS ON RELEASE ORDER - Under _______ County, enter “[Name of your county] for [Name of originating county]” - Also write in the following: “If defendant is not released on bond, take defendant to court at the next session of district court for a first appearance” - Why? So defendant does not remain in your jail too long

23. Administrative Office of the Courts 3. RELEASE DEFENDANT WHEN CONDITIONS ARE MET A. WHEN DEFENDANT SATISFIES CONDITIONS OF PRETRIAL RELEASE Defendant must be released IMMEDIATELY Whether or not copy of process has been received or served Do not wait for original to be received to release defendant When original received, a law enforcement officer must find the defendant later and serve a copy Failure to serve is grounds for continuance in originating county

24. Administrative Office of the Courts 3. RELEASE DEFENDANT WHEN CONDITIONS ARE MET (Continued) B. QUALIFYING THE SURETIES i. PROFESSIONAL BONDSMEN The insurance company and the bail agent must both be registered in the originating county A licensed professional bondsman and the runner, if any, must both be registered in the originating county Being registered in the county of arrest (your county) is not necessary or sufficient How to find out VCAP Reliable copy of print screen with recent date Certified copies of licenses and powers

25. Administrative Office of the Courts 3. RELEASE DEFENDANT WHEN CONDITIONS ARE MET (Continued) B. QUALIFYING THE SURETIES ii. ACCOMODATION BONDSMEN (PROPERTY BONDS) Send these cases to the clerk unless local procedure clearly authorized you to dake property bonds. If you take property bonds: YOU must be satisfied that the sureties are sufficiently solvent to meet the obligations on the bond This includes determining title and equity value of real property

26. Administrative Office of the Courts 3. RELEASE DEFENDANT WHEN CONDITIONS ARE MET (Concluded) B. QUALIFYING THE SURETIES iii. ACCOMODATION BONDSMEN If proposed sureties live and/or offer property in another county Require them obtain on their own and provide proof of title and equity DO NOT ask clerk in another county to do this or sent you a certificate If you require a deed of trust , trustee must be clerk of originating county

27. Administrative Office of the Courts 4. OFFICER SERVES DEFENDANT Use the original printed by fax machine or the magistrates’ system to make a photo copy Officer gives the photocopy to the defendant You may NOT serve the copy If defendant still in custody, the copy is served then If the defendant has been released, the officer must find the defendant later and serve copy

28. Administrative Office of the Courts 5. OFFICER ENTERS RETURN ON ORIGINAL The officer uses the duplicate original printed by the fax machine or magistrates system Enters date, time and place of service After entering return, officer gives original to you to be sent to originating county

29. Administrative Office of the Courts 6. NOTIFY ORIGINATING COUNTY OF ARREST; RECALL PROCESS This is crucial to avoid arresting defendant again Do it promptly Notify both initiating agency and clerk Use any effective means E-mail Fax Phone call

30. Administrative Office of the Courts 6. NOTIFY ORIGINATING COUNTY OF ARREST; RECALL PROCESS (Continued) USE NEW FORM (See next slide) Complete Part II. Recall of Process and Transmission to Clerk Date and sign Fax or mail back to the initiating agency Why? Provides written confirmation of the arrest for their files Communicates recall of process Reminds them to return original original to clerk

31. Administrative Office of the Courts Reserved for copy of form

32. Administrative Office of the Courts 7. RETURN ALL PAPERWORK TO ORIGINATING COUNTY Do this promptly, by courier or US Mail Clerk and magistrate should work out respective responsibilities Send original of new form to clerk in originating county Why Functions as check list of documents to include Functions as packing list for receiving clerk Places original recall order in court file in originating county

33. Administrative Office of the Courts 7. RETURN ALL PAPERWORK TO ORIGINATING COUNTY (Concluded) WHAT TO RETURN If defendant has not been released, return: Original process bearing officer’s return Copy of Release Order New form If defendant has been released, return: Original process bearing officer’s return Original Release Order, with release date entered on Side Two Original Criminal Appearance Bond, if any New form

34. Administrative Office of the Courts 8. SHERIFF TRANSFERS DEFENDANT TO ORIGINATING COUNTY Defendant who is not released from jail must be transported to originating county Needs to arrive before court date This avoids unnecessary FTA This is the Sheriff’s responsibility Do all you can to assure sheriff does this Out of county entries on Release Order help remind sheriff of this duty

35. Administrative Office of the Courts STEPS IN ORIGINATING COUNTY INITIATING AGENCY RETURNS ORIGINAL ORIGINAL TO CLERK CLERK PLACES ORIGINAL IN COURT FILE CLERK ADDS CASE TO CALENDAR CLERK COMPLETES COURT FILE DEFENDANT’S COURT DATE ARRIVES

36. Administrative Office of the Courts A. INITIATING AGENCY RETURNS ORIGINAL ORIGINAL TO CLERK The initiating agency first enters “Arrested in (name county of arrest) on (state date)” in Return on Side Two This should be done before faxing copy of process and new form to arresting agency or magistrate If not done then, or if magistrate’s system used in county of arrest, this should be done immediately after receiving new form from magistrate in county of arrest In either event the original original must be in the court file in the clerk’s office ASAP

37. Administrative Office of the Courts B. CLERK PLACES ORIGINAL IN COURT FILE The clerk must do this immediately upon receiving original from initiating agency Then, upon receiving the new form the county of arrest Verify that original is already in file If not, contact initiating agency and assure original is returned and filed

38. Administrative Office of the Courts C. CLERK ADDS CASE TO CALENDAR DO THIS IMMEDIATELY UPON RECEIVING ANY NOTIFICATION OF THE COURT DATE FROM THE MAGISTRATE IN THE COUNTY OF ARREST IF NO SUCH NOTIFICATION IS RECEIVED, DO THIS UPON RECEIVING THE NEW FORM AND ACCOMPANYING DOCUMENTS IN EITHER EVENT, DOUBLE CHECK TO BE SURE DATE SET IN COUNTY OF ARREST IS A VALID COURT DATE IN YOUR COUNTY IF NOT, PLACE ON CALENDAR FOR A VALID COURT DATE AND NOTIFY THE DEFENDANT MAKE A NOTATION “OUT OF COUNTY ARREST” ON CALENDAR

39. Administrative Office of the Courts D. CLERK COMPLETES COURT FILE. MAKE A NOTATION ON THE SHUCK “OUT OF COUNTY ARREST” FILE SHOULD CONTAIN Original original process as issued in originating county and returned by initiating agency Duplicate original generated in county of arrest, with officer’s return completed If defendant released in county of arrest Original release order Original bond New form If defendant not released in county of arrest Copy of release order New form

40. Administrative Office of the Courts E. DEFENDANT’S COURT DATE ARRIVES In assembling shucks, clerk is encouraged to check shucks for out of county arrests If file shows defendant was released in county of arrest No further action by clerk necessary If defendant appears, all is well If defendant fails to appear, C & F, FTA, OOF are appropriate

41. Administrative Office of the Courts E. DEFENDANT’S COURT DATE ARRIVES If file does not show that defendant was released in county of arrest Contact your jail to See if defendant has arrived from county of arrest Make sure defendant brought to court with all other prisoners on the court date If defendant not in your jail Contact jail in county of arrest to see if defendant still there If so, make a notation on shuck “Defendant still in jail in [name county of arrest] If not Ask clerk to fax and then mail original release order and bond Make a notation on shuck “Defendant released from jail in [name county of arrest]

42. Administrative Office of the Courts 4. NC AWARE WHA T IS NC AWARE OVERVIEW OF HOW IT WILL AFFECT HANDLING OUT OF COUNTY PROCES

43. Administrative Office of the Courts OVERVIEW – NC AWARE AND OUT OF COUNTY PROCESS All process will be composed, signed, issued and filed in electronic format No paper will be created when process is issued Unless initiating officer expects to arrest the defendant the same Even the paper process will be valid for only 24 hours Otherwise the process will exist only in electronic format until an officer is ready to arrest the defendant Thus the problem of there being an original original in the possession of the initiating agency in the originating county will almost never arise

44. Administrative Office of the Courts OVERVIEW – NC AWARE AND OUT OF COUNTY PROCESS (Continued) Law enforcement throughout the State will be immediately aware of outstanding process and current status Defendant may be arrested anywhere Before arresting the defendant on an out of county process, the arresting officer will generate one hard copy of the process, using NC AWARE This copy will be given to the defendant, before the initial appearance, just as for an in-county process, The officer’s return will be entered in NC AWARE, electronically, before the initial appearance There will be no written return on any paper

45. Administrative Office of the Courts OVERVIEW – NC AWARE AND OUT OF COUNTY PROCESS (Concluded) In the county of arrest, at the initial appearance, there will be no need to obtain any paper from anyone by any means The magistrate will proceed immediately to determining conditions of pretrial release The magistrate will be able to see bond provisions in order for arrest by using NC AWARE Arrest of defendant and service of process will immediately appear in NC AWARE This should virtually eliminate risk of a later arrest on same charges