Can the judge mail you a court date that would lead to a warrant for your arrest a month after the citation was issued?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can the judge mail you a court date that would lead to a warrant for your arrest a month after the citation was issued?

I was arrested about a month and a half ago on a PCS. Stayed 2 days in jail. Then was released with no court date. Just said ” no file” on my release papers. I was arrested again , two weeks ago, on a ” failure to appear” on a court date that was supposedly mailed to mebut never received.

Asked on December 26, 2011 under Criminal Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely it was not the judge that mailed you the notice to appear in court over the event that you have written about but rather a clerk of the court did the mailing.

If you were subsequently arrested a second time due to your failure to appear in court where notice was mailed to you but you never received it, you will need to explain to the court that you never received the mailing and when you were released from jail the first time there was no court date set for you.

I suggest that given the circumstances that you are now in that you should consult with a criminal defense attorney regarding how to resolve the initial charge and the bench warrant resulting in your arrest for failing to appear at a court date.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption