UFOARIZONA
New Member
Can anyone help me with this rule and how it applies to a POM case?
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13-3903. Notice to appear and complaint
- Thread Starter UFOARIZONA
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CdwJava
Moderator
Here it is:
As far as how it relates to what I presume is a possession of marijuana case (assuming that is what POM stands for), I'm not sure what you are asking. But, yes, the police in AZ can cite and release you for a misdemeanor and you will have to appear in court.
- Carl
13-3903. Notice to appear and complaint
A. In any case in which a person is arrested for an offense that is a misdemeanor or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking such person to the police station by use of the procedure prescribed in this section.
B. At any time after taking a person arrested for an offense that is a misdemeanor or a petty offense to the police station, the arresting officer may, instead of taking such person to a magistrate, release such person from further custody by use of the procedure prescribed in this section.
C. In any case in which a person is arrested for an offense that is a misdemeanor or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court, provided:
1. The time specified in the notice to appear is at least five days after arrest.
2. The place specified in the notice shall be the court specified in section 13-3898.
3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer. The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.
4. The officer shall, as soon as practical, deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.
D. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided in the Arizona supreme court rule, but to satisfy the requirements of this section.
E. When a person has given his written promise to appear in court upon a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the magistrate shall file a complaint, in writing, under oath, setting forth the offense of willfully violating a written promise to appear in court in accordance with section 13-3904, and shall issue a warrant of arrest thereon. Upon such person's appearance in court for arraignment on the charge of violating section 13-3904, such magistrate shall also arraign such person on the charge stated in the notice to appear and complaint for which such person had previously promised to appear.
F. Nothing in this section shall be construed to affect a peace officer's authority to conduct an otherwise lawful search incident to his arrest even though such arrested person is released before being taken to the police station or before a magistrate pursuant to this section.
A. In any case in which a person is arrested for an offense that is a misdemeanor or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking such person to the police station by use of the procedure prescribed in this section.
B. At any time after taking a person arrested for an offense that is a misdemeanor or a petty offense to the police station, the arresting officer may, instead of taking such person to a magistrate, release such person from further custody by use of the procedure prescribed in this section.
C. In any case in which a person is arrested for an offense that is a misdemeanor or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court, provided:
1. The time specified in the notice to appear is at least five days after arrest.
2. The place specified in the notice shall be the court specified in section 13-3898.
3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer. The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.
4. The officer shall, as soon as practical, deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.
D. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided in the Arizona supreme court rule, but to satisfy the requirements of this section.
E. When a person has given his written promise to appear in court upon a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the magistrate shall file a complaint, in writing, under oath, setting forth the offense of willfully violating a written promise to appear in court in accordance with section 13-3904, and shall issue a warrant of arrest thereon. Upon such person's appearance in court for arraignment on the charge of violating section 13-3904, such magistrate shall also arraign such person on the charge stated in the notice to appear and complaint for which such person had previously promised to appear.
F. Nothing in this section shall be construed to affect a peace officer's authority to conduct an otherwise lawful search incident to his arrest even though such arrested person is released before being taken to the police station or before a magistrate pursuant to this section.
As far as how it relates to what I presume is a possession of marijuana case (assuming that is what POM stands for), I'm not sure what you are asking. But, yes, the police in AZ can cite and release you for a misdemeanor and you will have to appear in court.
- Carl
UFOARIZONA
New Member
Carl--I was released on scene due to priority call-now werent they the police suppose to provide me w/ something to sign as 13-3903 specifies??? Being that I was given nothing to sign at time of release--can I use this error by PO to get charges dropped?
CdwJava
Moderator
If you were released, then this does not apply. The state can always pursue charges whether they issue you a citation or not. This only applies if they issued you a citation.
How do you know if/when you have to go to court if no citation was issued?
- Carl
How do you know if/when you have to go to court if no citation was issued?
- Carl
UFOARIZONA
New Member
Carl
Ok, first off thanks man for entertaining this w/me appreciate it!
date of arrest-07-07-02 was told if prosecuted will receive notice by mail-- months turned into few years-theirby after not gotten anything figured was in clear! But fastforward to Aug 04-Police answer 911 call at my apartment complex, they want E-4 Valencia yet they go to E-4 Roosevelt(mine) walk up to my door ask to step outside-saying received 911 call girlfriend being kept against will--obvious they had the wrong Apt-however they do a records check-and BAM lo an behold I have an outstanding B/W for failure to appear to summons from the 07-02 incident? This would been the first time hearing about this-so off away I go to the bird cage-Now is at this time I proceed to ignore any further procedure/court hearing etc,-wanting first to seek legal help-cant afford placing lagitimate faith to a plee hungry public defenders lack of interest motto--theirfor, strategically that only way to maintain employee fingerprint clearence card for work-I have to keep this incident off the radar-[so from Aug 04 to present new FTA remains stagment in the system] However, here's the kicker of it all-which believe it or not, on 10/26/04 I had received an was approved to obtain a 10yr Fingerprint Clearence Autyhorization Card thru the State Of Arizona Dept Of Public Safety- theirfor--(see where Im headed w/this..lol) what the hell, seems this would of been a perfect opportunity to have been either directly and/or indirectly first made aware in this 07-02-summons/complaint Re:incident....? Thus having at time been living under impression nothing must have come of that 02 incident, cool end of story-moving on--Well later comes to light this "summons" was sent to a 1990 old house address I used to live at-what the *&^% I never offered nor provided that address-they must have dug that up from an old traffic ticket was issued at time--further more from 2000-2008 thru my 501c3 organization -I have been signing off & Co. approved for community hrs program, by this very same (Mesa) court So-logically doesnt this support the defense argument; a clear display of irresponsibility within the justice system; to while serving original summons, after complaint is returned for wrong address..exhibits the states lack of due diligence was performed; failure to any further attempt upon notifing a defendant?? I wasnt hiding I was in plain site the entire time even as much continue to still live in the same apartment complex....
Ok Ill stop here for now..lolol
With having now been provided more appropiate data..does my argument have a leg to stand on??? lolol
Thanks, Mike
Ok, first off thanks man for entertaining this w/me appreciate it!
date of arrest-07-07-02 was told if prosecuted will receive notice by mail-- months turned into few years-theirby after not gotten anything figured was in clear! But fastforward to Aug 04-Police answer 911 call at my apartment complex, they want E-4 Valencia yet they go to E-4 Roosevelt(mine) walk up to my door ask to step outside-saying received 911 call girlfriend being kept against will--obvious they had the wrong Apt-however they do a records check-and BAM lo an behold I have an outstanding B/W for failure to appear to summons from the 07-02 incident? This would been the first time hearing about this-so off away I go to the bird cage-Now is at this time I proceed to ignore any further procedure/court hearing etc,-wanting first to seek legal help-cant afford placing lagitimate faith to a plee hungry public defenders lack of interest motto--theirfor, strategically that only way to maintain employee fingerprint clearence card for work-I have to keep this incident off the radar-[so from Aug 04 to present new FTA remains stagment in the system] However, here's the kicker of it all-which believe it or not, on 10/26/04 I had received an was approved to obtain a 10yr Fingerprint Clearence Autyhorization Card thru the State Of Arizona Dept Of Public Safety- theirfor--(see where Im headed w/this..lol) what the hell, seems this would of been a perfect opportunity to have been either directly and/or indirectly first made aware in this 07-02-summons/complaint Re:incident....? Thus having at time been living under impression nothing must have come of that 02 incident, cool end of story-moving on--Well later comes to light this "summons" was sent to a 1990 old house address I used to live at-what the *&^% I never offered nor provided that address-they must have dug that up from an old traffic ticket was issued at time--further more from 2000-2008 thru my 501c3 organization -I have been signing off & Co. approved for community hrs program, by this very same (Mesa) court So-logically doesnt this support the defense argument; a clear display of irresponsibility within the justice system; to while serving original summons, after complaint is returned for wrong address..exhibits the states lack of due diligence was performed; failure to any further attempt upon notifing a defendant?? I wasnt hiding I was in plain site the entire time even as much continue to still live in the same apartment complex....
Ok Ill stop here for now..lolol
With having now been provided more appropiate data..does my argument have a leg to stand on??? lolol
Thanks, Mike
UFOARIZONA
New Member
Carl.
lol Ok-mixing things up must clarify--
odd enough, the 911 wrong address b/w arrest was on 10/14/04- following this I received my fingerprint approval on 10/26/04 - So regardless; even if had the 911 call mix up never happened-would of still lagitimally remained in the dark ( of any past charges-summons? ) especially after once having received fingerprint clearence (FCC)
had to clear that-up..lolo
Mike
lol Ok-mixing things up must clarify--
odd enough, the 911 wrong address b/w arrest was on 10/14/04- following this I received my fingerprint approval on 10/26/04 - So regardless; even if had the 911 call mix up never happened-would of still lagitimally remained in the dark ( of any past charges-summons? ) especially after once having received fingerprint clearence (FCC)
had to clear that-up..lolo
Mike
CdwJava
Moderator
It also depends on why they sent the summons to the wrong address ... and, of course, you blew off the August '04 incident - something you can't legally do.
I recommend you consult local counsel to evaluate your defense to the situation. You might have something ... you might not. This is a technical area that has to many "maybes" in it for me, and as I am not an attorney, I can't say with any certainty how valid your argument might be.
- Carl
I recommend you consult local counsel to evaluate your defense to the situation. You might have something ... you might not. This is a technical area that has to many "maybes" in it for me, and as I am not an attorney, I can't say with any certainty how valid your argument might be.
- Carl
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