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FTA -- No Bench Warrant Issued -- Courts are not aware?

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A Random Dude

Junior Member
What is the name of your state (only U.S. law)? NM

So, I got pulled over a month and half ago for not wearing a seat belt. Cop noticed Cannabis odor and I consented to a search since I was on my way to work at a nursing home. I let the cop know that I was late for work and that I did have some on me, but I wasn't under the influence. Ultimately, I was cited for possession / paraphernalia and ordered to show up in court at the end of October. I already had a lawyer on retainer for an unrelated case and asked him to take over this one, but due to a misunderstanding he thought I was Pro Se on this case. He didn't show up to court, but said he'd take care of it next week and resolve the issue from there. Now, I looked up on the online electronic dockets and there is no mention of me for the possession case / failure to appear for arraignment. I also called Sheriff to see if a bench warrant was currently issued, and nope. No warrant.

I called the Sandoval Court and asked if they had any sort of case file / court proceedings under my name and they came up empty.

So, I'm confused now. A cop cited me for possession (under a gram) plus a pipe and said I was to appear Oct 30th. It's been 3 weeks now since that, and I assumed my attorney had handled it. I have an appointment with him next week, but since I'm deaf I can't really call and ask him what the deal is. So, what the hell? How can a cop cite me, ask me to show up to arraignment and the courts don't even know about it? I'm really confused. This is my first violation (actual bust) and I have been smoking Cannabis for a decade now. Clean criminal record, no history of arrest, etc. Does anyone have any idea what the dealio might be here? :confused:
 


A Random Dude

Junior Member
Where is your copy of the cite?
My attorney has the original, but I have a copy of it here. Do you want the actual statutes I was charged under NM Law? The citation says to appear in court October 30th. I'm just trying to understand why the Courts wouldn't even have an pending case file. Because I did not appear on the 30th, assuming my attorney would have been representing me. Due to a communication misunderstanding, he thought I was doing it Pro Se. I asked him about it two weeks ago, he said that he would handle it from there. But even then, I'm still confused as to why the courthouse isn't even aware of said citation / charges.

edit1: The officer did not arrest me and issued me a copy of the citation, having me sign it, at the stop.
 
Last edited:
Citations are small pieces of paper that can easily get lost between desks, etc. Your attorney will contact the court and have them look it up by cite number. Let your attorney handle it. No more worries.
 

A Random Dude

Junior Member
Citations are small pieces of paper that can easily get lost between desks, etc. Your attorney will contact the court and have them look it up by cite number. Let your attorney handle it. No more worries.
Yeah. That's what I figured he was going to do. But the courts aren't even AWARE of the charges. So, what if the cop lost the citation / didn't file a citation? I doubt that's the case, but it's just a little disconcerting that the courts don't know about it, even after I didn't appear on ordered date. Oh well, I'll find out when I see my attorney next week. It's just confusing.
 

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