Clerial error on a summons that leads to a warrent… can this be overturned?

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Clerial error on a summons that leads to a warrent… can this be overturned?

I was issued a summons to appear in court, only I never new about it. I only just found this out a couple days ago while in the file room of the county I live in. I was issued a summons to appear in court, but the address it was sent to I can only think of it to be a court clerical error because I have never lived at the address it was sent to, or even know where it is for that matter. I checked the paperwork that was with it and no where in there does it state that address just my home address so I really dont know where they got that address from. Now since I didnt know I had to be in court and did not show up I have a warrent out for my arrest with 1000 bail. Is there a way to have that just reveresed and a new date to be set?

Asked on May 3, 2009 under Criminal Law, Minnesota

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I hope you made copies of all the paperwork for yourself;  if not, you should do that first.

The easiest way to deal with this is to go to the court or the police station and post the bail (and, of course, make sure that they correct your address in their records, when you do that).  Then you'll get a new court date.  Show up, and the bail should be released, although if you are found guilty of whatever offense was charged, the fine will be taken out of that money.

You could also write to the court, explaining the situation and confirming your current address, ask them to vacate the warrant and set a new court date.  There is a chance, though, that you would be picked up on the warrant instead, after you let them know where to find you.

If you are planning to contest the charges against you, you will probably want to hire an attorney, and he or she can try to have the warrant removed as part of the job.  If you need to find a lawyer, you can do that at http://attorneypages.com


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