North Dakota Code 29-30.3-05 – (2-102) Issuance of process or arrest warrant prior to receipt of demand or request
1. A magistrate for the county where arrest is sought shall authorize the issuance of an arrest warrant or other process to obtain the appearance of a person, if testimony or affidavit shows probable cause to believe:
Terms Used In North Dakota Code 29-30.3-05
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- county: includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes. See North Dakota Code 29-01-13
- magistrate: is a n officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense. See North Dakota Code 29-01-13
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. The person is in this state; and
b. The person is the subject of another state’s arrest warrant issued for:
(1) The commission of a crime punishable by death or imprisonment for a term exceeding one year; (2) Escape from confinement; or
(3) Violation of any term of bail, probation, parole, or order arising out of a criminal proceeding.
2. Other process to obtain the appearance of a person must require the appearance before a magistrate.
3. The arrest warrant must require that the person be brought forthwith before a magistrate.