What to do if my daughter got a summons to appear in court for a case that had already been dismissed or so we thought?

She is now across the country because of our thoughts that this case had been dismissed and would not be easy for her to appear in 10 days for this summons. Would this be considered double jeopardy? Also, on the original case that is closed even on the state’s web site her birth year is correct but on the summons, it is off by 4 years. Does she have to appear with possible double jeopardy or with the wrong birth year?

Asked on October 7, 2013 under Criminal Law, Wisconsin


Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

There is no double jeopardy in this case because the case was dismissed without jeopardy attaching, in other words, she faced no criminal consequences.

Your question did not state whether the summons was for a civil or a criminal matter.  The doctrine of double jeopardy applies only to criminal matters.

The error in the date of birth or age is likely not jurisdictional, and thus, would not render her appearance unnecessary, nor would it render an adverse result obtained by her absence void.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.