What is the name of your state (only U.S. law)? Virginia
Background: The Virginia Employment Commission issued a criminal summons against me, alleging I failed to file my first quarter unemployment taxes (roughly $80). The summons was received by my local court but not served upon me. (This is not in dispute). Despite that, the prosecutor requested and the court issued a capias that resulted in my arrest. The capias was subsequently dismissed (and I was acquitted of the underlying charge) and I have filed expungement paperwork for the contempt of court citation/capias.
Virginia law requires a showing of 'manifest injustice' but I haven't found any cases defining what constitutes 'manifest injustice'. The fact that I am a lawyer is probably sufficient, but is there anything else I need to show? I have all the paperwork showing I was not served.
Background: The Virginia Employment Commission issued a criminal summons against me, alleging I failed to file my first quarter unemployment taxes (roughly $80). The summons was received by my local court but not served upon me. (This is not in dispute). Despite that, the prosecutor requested and the court issued a capias that resulted in my arrest. The capias was subsequently dismissed (and I was acquitted of the underlying charge) and I have filed expungement paperwork for the contempt of court citation/capias.
Virginia law requires a showing of 'manifest injustice' but I haven't found any cases defining what constitutes 'manifest injustice'. The fact that I am a lawyer is probably sufficient, but is there anything else I need to show? I have all the paperwork showing I was not served.