Can you be charged for failure to appear in court if you already paid the fine but the payment was lost?

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Can you be charged for failure to appear in court if you already paid the fine but the payment was lost?

Today at work I was arrested for failure to appear in court. When the cops put me in cuffs, I had no idea what I had done. Turns out I had a warrant out for missing a court date over a fishing without a license charge. I was taken straight to jail and told nothing.And the worst part is that I paid my ticket long before my scheduled court date. Here’s the part that’s even more fish – this court date that I was supposedly supposed to attend was 10 months ago. Since then, I have had 2 jobs that background checked and cleared me with no mention of a warrant. Can I fight this?

Asked on June 7, 2011 under Criminal Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes of course you can fight anything but what is the "this" you want to fight?  What was the final disposition?  Is the matter still pending?  You may need some help here.  I am hoping that you have a record of the payment made and that you have a cancelled check of some sort or somehing stamped by the court.  Once you have the proof I would consult with an attorney in the area about speaking with the court and with the Prosecutor's office.  He or she can have the charge dismissed. As for the handcuffing, you were embarrassed I am sure. If it is actionable is for an attorney in your area to advise.  An apology and explanation to your boss to say the least.  Good luck. 


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