Arrest, Search, Seizure, Warrant facing trial without an arrest

[shockandawe]

My cousin was dating a female from February 2004 until they broke up in July 2008. They have broken up before and still contacted each other. But this time, it got crazy.
She worked for a phone company and while employed there she changed his home account to a business account sending the fee to an astronomical fee. He reported the issue and she was terminated. Prior to her being terminated, they had been sending emails to each other. In one email she has told him she would do what ever to hurt him. She lost her job in October 2008 and then went to (2) different counties and made reports for the emails he sent and claims of stalking. His phone account has taken until 2010 to finally be cleared up.
In (1) county she stated he was stalking her, when he was living in another city 100 miles away and in the other county she reported he had sent harrassing communications to her. The county where she filed the stalking charge was dismissed in February 2009 since she didn't bother to appear for court.
The harrassing communication charge he knew nothing about until a week ago when he received a subpeona in the mail stating he had to appear in court January 29,2010. He called to find out about the charge and informed it was by her and a warrant had been issued for his arrest. The prosecutor informed him the warrant had been served when he was arrested on the charge. My cousin was in shock because he had never been arrested in his life. He asked the prosecutor to give what date he was arrested for the charge and the prosecutor informed him no record could be found when he was arrested. He continued to attempt to explain his situation, but his court date was only rescheduled. He has been told he will have to appear to plea and then a trial date will be set.
Can this be dismissed since procedure wasn't followed and what are his options?

 

[jharris352]

I wouldn't get to pushy about not having been arrested. They will simply arrest you and solve that problem. I imagine this is a probable cause hearing. Take a lawyer or apply for a court appointed lawyer. Take evidence of the emails and the previous bogus charges. DO NOT TALK TO THE PROSECUTOR. Anything you say to them will be used against you.

 

[fredrikklaw]

Private Criminal Complaint!

Unfortunately, it is still possible in some states to file what is called a "Private Criminal Complaint" and the best way to describe it would be that it is the criminal version of a civil complaints in small claims court.

So basically this lady walked into the criminal court building, filled out a simple form, and commenced a criminal private action against you and she even got to pick the charge. (You couldn't make this staff up in California if you wanted to!) Anyways, once the form is filed, an automatic "Bench" warrant is issued for arrest, BUT, it only kicks in if you fail to appear for arraignment on the said date.

You will be attending arraignment at the Municipal Court House which means that the charge is either an infraction or a misdemeanor and nothing more fancy or serious, and that is where you can take a breather and relax. The other good omen for your friend is that as the "complainant" she will have to all the legwork since the burden of proving her case beyond reasonable doubt is hers; and she better come at him with more than just "he called me a so-and-so on the phone." Because she will be in trouble herself if the court finds that there were no causes proper for her to commence the complaint.

This is simple a case as showing up to answer a charge of speeding and just make sure that you appear because you will then be released on O.R. for future dates. But if you don't appear and are arrested at a later date, you will be considered a Flight Risk and be denied bail.

fredrikklaw