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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 02-18-2005, 08:54 PM
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Join Date: Feb 2005
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arrested and didn't receive notification


What is the name of your state? Missouri
I was arrested approximately one year ago for failure to appear in court. I was picked up and arrested outside my ex-wife's home as I was supposed to pick up my son for visitation for the weekend by a deputy sheriff as I had a warrant out for a no-show. I had no clue that I was to appear in court as I didn't receive any notification of the court date. It was later stated in court by the judge that the letter that was to be sent to me informing me of the court date was sent to the wrong address by the court. My attorney never received any type of notification either.
I was incarcerated for 32 days and had to post a $3500 cash bond to get out of jail. Do I have any legal recourse against the county in which this happened?

Thanks,

Matt
  #2  
Old 02-19-2005, 01:01 AM
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Join Date: Feb 2005
Posts: 31

bench warrants are fun


Quote:
Originally Posted by Mwb1009
What is the name of your state? Missouri
I was arrested approximately one year ago for failure to appear in court. I was picked up and arrested outside my ex-wife's home as I was supposed to pick up my son for visitation for the weekend by a deputy sheriff as I had a warrant out for a no-show. I had no clue that I was to appear in court as I didn't receive any notification of the court date. It was later stated in court by the judge that the letter that was to be sent to me informing me of the court date was sent to the wrong address by the court. My attorney never received any type of notification either.
I was incarcerated for 32 days and had to post a $3500 cash bond to get out of jail. Do I have any legal recourse against the county in which this happened?

Thanks,

Matt
So, a year went by after being arrested in which you have "no clue" you were supposed to appear in court? What, were you hoping the judge forgot about you? It's on you to find out when the date is. Maybe next time you should go talk to a clerk.

As far as having legal recourse, yeah, go tell the judge you FTA because "you didn't know". I'm sure he will understand.
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