As per North Dakota Code 29-05-01, complaints filed for the issue of arrest warrants in North Dakota must include the name of the person to be apprehended or any aliases that he may be using if his legal name is not known, information about the crime including the time at which it occurred and the county in which the incident took place.
Apart from this, the writ for a warrant should have details about any people who were impacted by the occurrence, including victims and witnesses. If a property was damaged or stolen, information about this should also be entered into the affidavit along with a detailed description of the property. Complaints filed for the release of active warrants must be subscribed under oath.
In fact, the complainant risks punishment for perjury if any information submitted through the use of this petition is found to be false of if it is discovered that the only intent of the application was to malign or maliciously harm the person against whom the compliant was being made. Not only arrest orders but also such probable cause affidavits are filed when requesting search warrants.
When it comes to bench warrants, the police do not have to play any role in the process of order release. Because bench orders for arrests are issued when a defendant or litigant deliberately fails to obey a court order, his act is considered to be in contempt of court.
Although this is a minor offense, since the judge is aware of the legal infraction, he can issue an active warrant on the basis of information he has instead of asking the police to file a petition. A warrant affidavit also does not have to be filed when the person to be detained has given the law a slip by escaping a holding facility. In fact, a judicial order for arrest may not even be required when taking this person in.
The issue of North Dakota arrest warrants is based on ascertaining probable cause. The sitting magistrate who hears the pre-warrant argument put forth by the prosecution has to find enough evidence in the petition to conclude that the incident that occurred was a crime as per the penal code of the county, this legal infraction is triable in the area and that the incident was indeed committed by the accused.
When the evidence presented by the cops in the affidavit is found to be inadequate for the purpose of establishing clear probable cause, the judge asks the investigating officers to bring forth the witnesses who can recount their side of the story under oath. Once again, the purpose of this endeavor is quite clear; through witness deposition, the judiciary is trying to establish that the alleged offender was responsible for commissioning the criminal act.
Pursuant to North Dakota Code 29-05-05, when an arrest warrant is issued for apprehending the accused, at this time, subpoenas may also be issued to call in witnesses at specific time and date even if these people were not called in for the pre-warrant hearing.
Although limited in context, the information found through a warrant search will be enough to give you details on any involvement that your subject may have had in a criminal act. Because in the state of North Dakota it is possible for civilians to conduct crime history inquiries, you can go through the local sheriff's office, the clerk of court's department or the magistrate's court.
When it comes to the last 2 agencies given above, these can get you the information stored in the court dockets which will be far more comprehensive than a simple background report sought through the police. Court records contain details on all warrant issues, convictions, etc. In contrast, the list of the most wanted which is held by the county police can be used to find details on the suspicious person lurking in your neighborhood.
For a statewide, crime history search, you can approach the office of the Attorney general of ND which has a Crime Justice Information Sharing website available at http://www.ag.nd.gov/BCI/CHR/. You will find several links on this webpage that will take you to the state' sex offender registry, missing persons list and even a most wanted page.
To initiate a background check or to find crime history information, you can use a name based or a fingerprint based inquiry. If you need to submit fingerprint cards, you will need to go to the office of the attorney general in person. It is located at CJIS Portal, Criminal Justice Information Sharing, State of ND, 600 E Boulevard Ave., Dept. 112, Bismarck, ND 58505-010.
For a mail inquiry, send a duly filled copy of the form available at http://www.ag.nd.gov/BCI/CHR/NCJRform.pdfwwith a check of $15 to Criminal Records Section, North Dakota BCI, 4205 State Street, PO Box 1054, Bismarck, ND 58502. Arrest records can also be found through the Department of Corrections website at http://www.nd.gov/docr/offenderlkup/index.asp.