Issue/Deny a Magistrate Order

Once a Magistrate Order is Complete, it can then be issued through the SUMMARY tab by a user with Issuing Authority. To issue a Magistrate Order, the user must find Probable Cause on at least one Offense and enter a Date Issued. Once a Magistrate Order is submitted with these fields, and other information detailed below, the Order is issued and Served.

Before you start:

Only users with the proper rights can issue a Magistrate Order. The various fields related to issuance will not display for users not possessing Issuing Authority.
To be issued, a Magistrate Order must contain a Defendant, Complainant, Court information, and at least one Felony, Misdemeanor, or Traffic Offense. An Infraction cannot be entered on a Magistrate Order as the sole Offense.

Court information (Courtroom, Court Date, Session, Time, and Type) is required to issue a Magistrate Order.
For an Offense where Probable Cause is not found by the Issuing Authority, select No from the Probable Cause dropdown related to the Offense. For more details on this subject, see Finding Probable Cause below.
If No Probable Cause is to be found on all offenses, a simple method is to use the Deny Process button directly from the SUMMARY tab.
Once a Magistrate Order is issued, certain data is protected from edits by any user besides the issuing authority, proxies thereof, or administrators. See Understanding Process Archiving for more on this subject.
Offense data transmitted to NCAWARE via an interface with a local system (i.e. Mecklenburg County) behaves differently than Offense data entered directly into NCAWARE. Click here for more details.

1. Either search for or add a Magistrate Order that has a status of Complete.
2. Once the Magistrate Order is retrieved from the PROCESS SEARCH RESULTS screen, or added, click the SUMMARY tab.
3. The SUMMARY tab displays. Click the Edit Summary button.
4. The SUMMARY DETAIL screen displays. Enter/select information into the following required fields to issue the Magistrate Order:

Note: Process Tracking fields do not display on a Magistrate Order since an Order is automatically Served upon issuance.

1. Once the above fields are populated, enter any relevant information into the Process Information and Law Enforcement Information areas of the screen. For more Help on these areas, see Edit Summary of Magistrate Order.
2. Once the entry of on the SUMMARY DETAIL screen is complete, click the Edit button.

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The SUMMARY tab returns. The Magistrate Order is now issued and assigned a Criminal Record Number (CR) and a status of Served.

The default view of the Citation changes from the PROCESS TAB VIEW to the CASE SUMMARY TAB VIEW.

Any forms related to the Citation, including generated Subpoenas, can be printed. Subpoena data can be viewed on the SUBPOENA tab of the CASE SUMMARY TAB VIEW.

Finding Probable Cause - On a Magistrate Order, Probable Cause is found on individual Offenses. To find No Probable Cause for an individual Offense or multiple Offenses, select No for any number of the following fields: Probable Cause Offense 1, Offense 2 (if applicable), or Offense 3 (if applicable). Once completed, click the Edit button.

A selection of Yes must be made for Probable Cause for at least one Offense to issue a Magistrate Order. An entry of No for all Offenses will result in a process status of Denied.

If No Probable Cause is to be found on all offenses, a simple method is to use the Deny Process button directly from the SUMMARY tab.

For a listing of associated rules for this topic, click here.