Daveolution
New Member
On 04/22/2006, while camping an off duty cop saw my friend and I smoking marijuana. Soon thereafter an officer showed up on site. He said if I turned over the marijuana no one would go to jail. I gave him the pot and my pipe. He then proceded to tell me the county court was backed up if the district attorney wanted to press charges I would be notified. HE then proceded to radio in all my information. After all was said and done, no citation given, no charges were told to be pressed against me, only that I would be notified by the district attorney if they wished to press charges. The police left, then I left. Two years pass. On 04/16/08, I was involved in a car accident (other guys fault) and was notified I had a warrant out for my arrest. I was taken into custody given a court date and told that I failed to appear for my first court date (supposedly, the one set for the charges stemming from 2006). This was the first news I had heard of this! I was never notified, even though I lived at the address listed (in the info. the courts sent me, after my arrest this year) until the end of 2006. After that I was living in the same town only with my parents at that point. I would think a failure to appear would get some police looking for me, maybe even a phone call as my phone # hasn't changed once since that occurence. Where I stand now is I have a court date set and all the police, and district court clerks I have talked to make it out like I have deliberately skipped out on the court date when all I'm trying to find out is the Proper Operating Procedure for notifying someone who has never been arrested for charges, of their court date. Do they send a certified letter? What is the P.O.P. when someone no shows on a court date? I understand their skepticism about my "appearance", but I know the truth I was never notified, arrested, charged, cited, or however you want to phrase it. All I can think is that my only hope is the right to a quick and speedy trial. Did I miss anything? Is there anything I should bring up in court. I have gone through all the papers sent me and while all the motions of charges being pressed against me are there (the evidence getting tested, the officers statement, an arrest warrant from 2006, the same warrant which has been executed and filled out at the bottom for my arrest in 2008), nowhere is there anything even hinting at my being notified. So again I ask, do I have any hope? Was my arrest in 2008 unlawful?
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