Articles related to criminal process

Does a Magistrate Have the Discretion to Refuse to Issue Criminal Process When Probable Cause Exists? (February 19, 2024)

If I had to answer the question in the title of this post in the briefest possible way, I would say: not usually. But there’s a lot of uncertainty and nuance packed into that short answer. This post gets into the details.

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“Updating” a Criminal Summons (August 5, 2019)

What happens when a magistrate issues a criminal summons for a defendant but the defendant can’t be located until after the court date on the summons has passed? For example, suppose that Magistrate Morales issues a criminal summons on January 1. The summons orders Defendant Daniels to come to court on February 1 to answer a charge of misdemeanor larceny of his neighbor’s lawnmower. No law enforcement officer is able to locate and serve Daniels until February 14, when Officer Oxendine spots Daniels enjoying a Valentine’s Day meal out with his girlfriend. What’s the officer supposed to do?

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