legality, mailed ticket = Class d felony=4 years prison

[tryingtohelp2]

What is the name of your state? Missouri
Yesterday a 26 old single workng poor friend with a reputation for "partying', received via US mail, a ticket and a summons. The docket states: Operated Motor Vehicle On Highway While Drivers License/Privlege Revoked (Suspended For Points) { Misdemeanor A RSMo: 302.321} Date: 07//2006 Code: 4667300 The case type is: Criminal/Infract.- filed on Dec 5. He is scheduled for araignment on January 2. I am told this was my friend's first knowledge concerning this ticket or court. The ticket is unsigned by my friend. He has been questioned and accused of driving without a license at least once in the last five months while at his home . Shortly thereafter, my friend sold his only working vehicle, a rather loud pickup. He felt persecuted and wanted to remove his easy acess to driving. Of course it not impossible that my friend drove illegally prior to this sale which includes the day of his home questioning. He was never stopped behind the wheel by any law enforcement. The questioning and ticket were issued by a deputy county sheriff who resides in our rural policeless town. The summons in a criminal case was signed by the county prosecutor on Dec 5. If convicted this will be my friend's third { all non DUI} lack of license offense. Which, in Missouri, can be a criminal class D felony ,that carries a potential sentece up to a four year prison term.
Is it legal to receive a ticket under these circumxtances? Is my friend entitled to a public defender? Thank you for your help in advance.

 

[Some Random Guy]

Is it legal to receive a ticket in the mail? Yes

Will it stand up in court?
Since the ticket was issued by a "deputy county sheriff who resides in our rural policeless town" to a person who has multiple driving while suspended tickets, i suspect that the sheriff will be in court to say something like "On Oct 17th at 2:35 pm I observed Mr. John Doe, whom I have met on several occasions, driving a distincitivly loud pickup truck, license XXX-XXXX, past the Dunkin Donuts store."

And when he says that, what can your friend say in response?

I think its time to talk to a lawyer.

 

[tryingtohelp2]

Mailed ticket 5 months later without any prior notice

Thankyou for your response. It seems wrong somehow that this situation is legal. Five months is a long time to delay notifying my friend of a ticket. There is no evidence that the officer witnessed my friend driving. From your response it seems like a police officer has the potential to issue tickets based on rumor and in his own sweet time. You recommended getting a lawyer. Which brings us back to my second question. Would my friend be eligible for a public defender for this situation?