My Citation was sent to Wrong Person/Address

[minimeat]

What is the name of your state? Pennsylvania

Hello,

I was at a party last month where the cops came and busted numerous kids for underage drinking. They took down everyones information, including mine, gave breathlyzers to everyone except me (i don't know why i didn't get one). A few days ago, everyone who was there received their citations for underage drinking except for me. However, the one kid that was there recently contacted me and told me that some how my citation got sent to his house and he is currently in possesion of it. He said that his was not in the envelope that he received in the mail and thought that maybe they sent his to my house; but nothing was sent to my house. I am confused as to what i should do. Is there anyway for me to get out of this since the citation was never sent to my house, cause technically, i never received it and they really don't have any proof of sending one to me. I don't really plan on picking this up from this kid, but what do i do when they call me and said i never made a response to this citation?

I am asking for any good solid legal information on this situation; i do not want someone replying saying kid, you were drinking and got caught, meet the kid and take the fine and deal with it. I would like to know what they can legally do to me for this since i never received a citation sent to my address for this situation and if there is any way for me to say that since i never received it, they can't charge me or what not.

 

[JETX]

"I am confused as to what i should do. Is there anyway for me to get out of this since the citation was never sent to my house, cause technically, i never received it and they really don't have any proof of sending one to me. I don't really plan on picking this up from this kid, but what do i do when they call me and said i never made a response to this citation?"
*** I doubt that they will 'call' you. What is more likely to happen is:
At the scheduled hearing, the court will call your name. Obviously, you aren't there so the name will go unanswered. The court will then issue a FTA (Failure to Appear) arrest warrant out for you.

At that point, it becomes interesting. They could send some officers out to the address that they have (the other one) and they might direct them to you.... or
They might just wait until you are caught in a traffic stop.... and arrest you then (with subsequent towing and impound fees).

After all of that.... THEN you get to argue that the citation was mailed to the wrong house and that the FTA warrant should not have been issued. And more than likely, the officers will simply say..... "Your Honor, that is the address that the little SOB gave us."

Bottom line.... this is likely to NOT go away... nor can it be 'dismissed' due to the incorrect address. And guess what..... I am sure that one of your friends will wake up and say.... 'Hey, how come 'minimeat' didn't face all this fun??' and then let the police know where you are.

 

[minimeat]

After all of that.... THEN you get to argue that the citation was mailed to the wrong house and that the FTA warrant should not have been issued. And more than likely, the officers will simply say..... "Your Honor, that is the address that the little SOB gave us."

Bottom line.... this is likely to NOT go away... nor can it be 'dismissed' due to the incorrect address. And guess what..... I am sure that one of your friends will wake up and say.... 'Hey, how come 'minimeat' didn't face all this fun??' and then let the police know where you are.

Well i gave the cop my driver's license to copy my info down...and they although i haven't seen the citation yet im pretty sure it has my real information and address on it; it was simply there fault for mailing it to the wrong address. And had this kid not told me, i would have never thought i ever got a citation.

As for the other people there, not one soul is going to be like how come so and so didn't get written up too. This i can almost guarntee; they are already in trouble and don't need to drag anyone else in it.

 

[JETX]

At least with the officer having your correct information from the license, they won't have to go far when they get the FTA warrant.

 

[CdwJava]

The citation was a 'promise to appear'. This is given in lieu of an arrest. if you fail to appear you will be gulity of a second offense ... and eventually you will be arrested on both the original citation AND the failure to appear.

If you play games, you will get caught. But its your life - maybe you need the excitement of being a fugitive to spice it up a bit! And hopefully you can afford all the lost time off work, lawyer's fees, impound fees (if caught in a vehicle), and bail money (10%+ of which will be gone just so you can see the fresh air again).

Knock yourself out! Its what I refer to as 'Job Security'.

Carl