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can you be arrested for failure to appear, when you never received a court subpoena?

Sam-O - 2009-01-21 06:10:37 - Law Ethics

A cop came to my house last night and said i had a warrant out for my arrest, and i of course flipped out cuz i had no clue what i did and he said for failure to appear and i told him i have never received a subpoena and he said he still has to arrest me so i was handcuffed, taken to jail had mug shots, patted down finger printed and everything then my husband bailed me out. so i am just wondering how the hell can i be arrested when i had never even received a subpoena.

Best Answer:

Yes, you can. The court is only concerned with the fact that you did not show up for the scheduled court appearance, they could care less about why you didn't, "know about it," at this point. When you go to court this time explain your side of the story to the judge.

Answers:

That doesnt make much sense. Didn't know you were suppose to be in court. I would call the court and see who this so called "court officer" was who was suppose to deliver you a message.

When a cop is interrogating a suspect in a crime, whether that crime be murder or contempt, the cop is not required to automatically believe whatever the suspect says. If a judge issues a warrant for the arrest of someone, that means a judge has already found cause to believe you committed the offense. The warrant orders the cop to make the arrest. It does not mean that you will be convicted, but it means there was enough cause for the arrest. At trial on the charge of contempt of FTA, the prosecutor will have to prove you had notice.

Yes, you can. The court is only concerned with the fact that you did not show up for the scheduled court appearance, they could care less about why you didn't, "know about it," at this point. When you go to court this time explain your side of the story to the judge.

I'd hire a lawyer at this point if you weren't served for whatever you had to appear for and this new charge.

Yes. Failure to appear is your fault regardless of reasons. They did not know that you did not receive this subpoena any more than you did not know they sent it. Even though you have rights, they have the power.