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criminal summons (misdameanor) out of state

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kylebaysinger

Junior Member
i have my mail forwarded to me from new Mexico to Arizona. I received a criminal summons in the mail. was never served in person for aggravated battery (misdemeanor) it was a bar fight, and it is from august of 2014. They want me to show up in new mexico on December 11th 2015. My question is this. I cant make it due to work and me owning a home here in Arizona with my children. This is the state pressing charges not the actual person i got into the fight with. If I dont show is this a extraditable offense? If I don't show and the person I got into a fight with doesn't show do they just throw it out? What are my options?
 


FlyingRon

Senior Member
Criminal court isn't like some civil case where you have to be served. All they have to do is file charges. It would be wishful thinking that the charges are just going away if you stick your head in the sand.
You need to contact a lawyer in the jurisdiction you are charged in to see what can be done on this. Even they are unwilling to extradite, you'll find there are a whole slew of bad things that can happen when you have unresolved criminal charges pending.
 

kylebaysinger

Junior Member
Criminal court isn't like some civil case where you have to be served. All they have to do is file charges. It would be wishful thinking that the charges are just going away if you stick your head in the sand.
You need to contact a lawyer in the jurisdiction you are charged in to see what can be done on this. Even they are unwilling to extradite, you'll find there are a whole slew of bad things that can happen when you have unresolved criminal charges pending.
thank you for the quick response. So if I hire a lawyer will he be able to goto my initial appearance? I
 

FlyingRon

Senior Member
Only if s/he were charged...and they wouldn't necessarily be in court at the same time on the same date.
And whether or not they appear or not or are found guilty or not or have had the charges dismissed or not has little bearing on your case ... provided there is other evidence of your guilt.
 

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