imaginary soupena

[butterpecon2000]

What is the name of your state? NC

Can the court issue you an "order for arrest" for failure to appear in court on a criminal misdemenor case without serving you the summons/supoupena papers to come to court on the court date scheduled???

Meaning I was arrested for failure to appear..but I never was given notice (sheriff or otherwise) that I was supposed to appear in court in the first place. duhhh..please inform me...if not.. then can I sue the city???

 

[badtenant]

What were you smoking anyway?

NO ONE forgets to appear in court.

So if you would like to explain that you are that ONE in a MILLION, who really truly did not know...then go ahead..i'm listening

 

[HomeGuru]

I ate my imaginary soupena and it was Campbell's.

 

[Son of Slam]

Re: Re: imaginary soupena

I ate my imaginary soupena and it was Campbell's.

Or, was it sue Pena, ex-secretary of transportation, 'cause butterpecon is nuts.

 

[butterpecon2000]

look Donuts.....PLEASE READ my question carefully...carefully..I never got served to come to court . The clerk of court must've forgotten that part of her job..........so my question was can i get any type of compensation for being arrested, booked...BUT NOT SUBject to jail...type of situation...
PLEASE HELP...

Once again the sheriff never served me with anything...

 

[badtenant]

Look here......

It doesnt have to be a sherriff....DUH!

People are called "Process Servers" they look just like you and me, they pass a test, and pay for a license to SERVE you papers. The affidavit is in your file. Someone had to mail it cerified mail, hand it you , or to somone who lives at your last known address.

Thats is where the problem is, if you moved or avoided being served, well thats YOUR fault.

Unless of course it was a traffic ticket which the court date is listed on the ticket.

 

[stratman]

what!

 

[butterpecon2000]

more educated responses

well NOW you're sounding like someone who actually took the time to READ...my post GREAT!!!

But believe it or not no one (process server, or otherwise) even bothered to serve me with papers on this court date....And guess what??? I didn't MOVE.. and I was at the same job...Phone numbers didn't change either..so now what do u think about this?? ANYONE...

What action can i take to get compensated??

 

[stratman]

hey,all I can say is go talk to the judge/D.A. and explain your situation. I'm far from being a expert when it comes to the law,but one thing I do know,(from past exp.) No one cares,unless you just happen to catch a judge or the D.A.'s office in a good mood.Otherwise your just another clown in their circus which thru fines or threat of jail time,pays their salary.Don't get me wrong,I'm not making light of your situation or bad-mouthing our legal system because I beleive in it [I think!] but I do know sometimes things get swept up in all the craziness.So find some one who would listen and explain. A lot of civil workers think that your emergency is not their priority. GOOD_LUCK

 

[JETX]

Somehow your post seems to have been 'guessed at' by a number of posters, most commonly 'badtenant', the ignorant forum troll.

So, lets try to get back to the original:

"Can the court issue you an "order for arrest" for failure to appear in court on a criminal misdemenor case without serving you the summons/supoupena papers to come to court on the court date scheduled???"
*** Depends on the facts. What was the misdemeanor you were charged with?? How and WHEN did you become aware of this charge?? Have you contacted the court to see what documents they show as to notice to appear??

"Meaning I was arrested for failure to appear..but I never was given notice (sheriff or otherwise) that I was supposed to appear in court in the first place."
*** See above.

"duhhh..please inform me...if not.. then can I sue the city???"
*** No. Though you might be able to get those charges dismissed if you truly were not notified.

 

[stephenk]

you were arrested right? you were booked right? how were you released - bail, bond, own recognizance? What paperwork were you given when you were released?

 

[butterpecon2000]

thank you stratman for your suggestions....

JETX why wont i be able to sue the city??? someone else from a small town in SC said they had a similr situation and they won 10,000 from the city's insurance fund....

OK when I was released on a $200 bond..charge: assulat w/ a deadly weapon...original summons {criminal SUMMONS) notice was to appear in court on 3/12/02...i went to court wasnt on docket cuz they had transfered our case to mediation since we were having a lot of domestic violence problems, etc...mediation sen our case back to the DA's office because they said they didnt mediate on domestic violence cases as bad as ours...etc...
so i guess when the case went back to the da' s office they rescheduled our case but never notified either one of us...of our new court date.....but i was in cnstant communicaion w. the DA in reference to a harge i brought against my ex-husband..so they had plenty of time to let me know of my new court date..on the charge my ex-brought against me....


thanksguys please respond