North Carolina Magistrate's Order for Fugitive

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State:
North Carolina
Control #:
NC-CR-909M
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PDF
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Description

Magistrate's Order for Fugitive: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled.

In addition, non-payment is a felony under federal law under some circumstances. All states have criminal laws setting penalties for failure to support a child or a family.In the remaining states (including Connecticut) the crime of non-payment of child support is a misdemeanor or unclassified crime.

Not all states have adopted the UCEA, however, states that have not adopted it have their own extradition laws that comply with the federal law. The only two U.S. states that have not adopted the UCEA are South Carolina and Missouri.

As of 2010, in practice, Florida, Alaska, and Hawaii typically do not request extradition if the crime in question is not a felony because of the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction in which the accused is held until transported.

Ask (through a requisition) the governor of North Carolina to extradite. The governor of North Carolina will, in turn, issue a governor's warrant. The governor's warrant gives North Carolina officials the authority to take the fugitive into custody to await pick-up by officials from the other state.

A magistrate is an independent judicial officer, recognized by the North Carolina Constitution as an officer of the district court. Magistrates perform numerous duties in both civil and criminal proceedings.

Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage.

G.S. 15A-746; 42 N.C.A.G. 267 (1973). ask (through a requisition) the governor of North Carolina to extradite.The governor's warrant gives North Carolina officials the authority to take the fugitive into custody to await pick-up by officials from the other state.

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North Carolina Magistrate's Order for Fugitive