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?

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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

Answers:

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.

 


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