My question involves civil rights in the State of: Colorado
I had Denver Marshal's knock on my door at 7:30 a.m. on December 6th, 2012. They claimed that they had a warrant out for my arrest for missing court in regards to my ex, who pressed petty domestic violence "disturbance by use of telephone" charges and a protection order. I was incarcerated for 3 days before I was able to get bonded out, and was brought into arraignment on the 2nd day. That was the first time I was notified of charges or of a protection order.
I was never served a court date, never served the protection order until AFTER I was incarcerated. There isn't even a court date on the ticket.
The charges were filed on November 26th, 2012.
This is NOT a bench warrant, but a full warrant.
I have not seen the proof of service yet either, however I'm sure it has been a mistake or falsified because:
A) I'm unemployed and was home for the entire 9 days from the filing of the filing of the charges, until I was arrested out of my home.
B) My mother was also home, she too is unemployed and she can confirm that police never came to our door to serve a court date or protection order.
C) I didn't see or sign any paperwork until AFTER I was incarcerated.
I am taking that case to trial, however I do believe I will be able to file a motion against the city.
So how can the City of Denver claim that I missed court when I was never legally served or notified? And what can I do for wrongful arrest and detention?