Can a person file a criminal warrant on someone else?

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Can a person file a criminal warrant on someone else?

I was accused by the complainants of opening their front door, constituting a misd B&E. There were no other witnesses, so I was not arrested, but I was told the complainants my file something tomorrow that could result in my arrest. What is this and how likely is it to happen?

Asked on August 2, 2012 under Criminal Law, North Carolina

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

The only thing an alleged victim of a crime can do is press charges by filing a police report. Once a police report is filed and the victims state that they want to press criminal charges, the police will pass on their investigation and reports to the local prosecutor who determines if probable cause exists to issue a criminal warrant. Once a criminal warrant has been issued, then you can be arrested and arraigned on the criminal charges.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

The only thing an alleged victim of a crime can do is press charges by filing a police report. Once a police report is filed and the victims state that they want to press criminal charges, the police will pass on their investigation and reports to the local prosecutor who determines if probable cause exists to issue a criminal warrant. Once a criminal warrant has been issued, then you can be arrested and arraigned on the criminal charges.


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