More violent criminals put back on streets due to NC law, group says

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By Glenn Counts

CHARLOTTE, N.C. — Some suspects in violent crimes are being allowed back on local streets without spending a minute behind bars.

It’s all because of a new North Carolina law that requires magistrates to issue more criminal summonses instead of sending people straight to jail.

A Channel 9 investigation uncovered that it’s happening more often and could be creating a threat to public safety.

A young mother who did not want to be identified told Channel 9 that her 2-year-old son’s arm was broken last year. A suspect was charged but not arrested, and he was given a criminal summons instead.

Courtwatch, a local court watchdog group, said that it’s putting dangerous people back in the community without any real consequences.

“Yeah, I was definitely expecting that he would be arrested and go to jail so I would know my son would be safe,” the mother said.

Magistrates have been asked to cut down on the number of arrest warrants they issue and give out more criminal summons instead.

Channel 9 requested numbers from the Mecklenburg County Criminal Justice Research Division. The data showed that before the law change in December, magistrates were issuing an average of 321 summonses a month. In December, that number jumped to 535.

However, arrest warrants fell sharply. The monthly average was 2,319 and in December it dropped to 1,152.

Cheryl Jones, with Courtwatch, said the wrong kind of people are being turned loose.

“Summons are being issued for things like domestic violence, breaking and entering, robbery with a dangerous weapon. These are people that need to be behind bars,” Jones said.

Harold Cogdale, a prominent defense attorney, said people should give the new system a chance because fewer innocent people are likely to get arrested.

“Often times those individuals are found not guilty and the charges are dismissed,” Cogdale said.

Officers wouldn't go on camera with Channel 9 and talk about the issue, but in private, many of them said the system has changed too much and they are concerned that sooner or later an innocent victim is going to pay the price.

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