unlawful telephone

[chinesezodiac40]

A little over a year ago I found out from someone that I had missed a court date. I looked online at a site where you can look up court cases. They issued a warrant for my arrest. On the site they have a address that doesn't exist, so I never got issued a ticket when this happened. I also never got a letter or anything saying that I had a court date. A couple days ago I got pulled over and was arrested. Is there anyway that I can get this dismissed due to the fact that county screwed up on the information?

 

[CdwJava]

A little over a year ago I found out from someone that I had missed a court date. I looked online at a site where you can look up court cases. They issued a warrant for my arrest. On the site they have a address that doesn't exist, so I never got issued a ticket when this happened. I also never got a letter or anything saying that I had a court date. A couple days ago I got pulled over and was arrested. Is there anyway that I can get this dismissed due to the fact that county screwed up on the information?

You can argue anything you want ... it won't make the problem go away, though. They are NOT legally required to notify you or anyone else when a warrant is issued.

So, now you have to come with a defense to the charge.

What was it you were charged with?

- carl

 

[raskalnikov]

Really CDW? They aren't required to make a good-faith effort to contact you?

 

[CdwJava]

Really CDW? They aren't required to make a good-faith effort to contact you?

That "contact" can be when they come to arrest you.

They are required to make a good faith effort to serve the warrant (in CA anyway) but if they have a bad address, then that's a moot point. And a bad "arrest" on a warrant (as a result of lack of due diligence in its service) might only result in the suppression of evidence resulting from the bad arrest, but it does not automatically cause the dismissal of charges that caused the warrant in the first place.

- Carl