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  1. #1
    Join Date
    Jan 2013
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    Northglenn, CO
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    3

    Unhappy Arrested for Warrant Issued for a Court Date Defendant Didn't Know About

    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?

  2. #2
    Join Date
    Jul 2010
    Posts
    3,476

    Default Re: Arrested for Warrant Issued for a Court Date / Protection Order I Was Never Serve

    Neither the arrest or detention were unlawful. The Marshals were operating in good faith based on a warrant issued by the court. You need to figure out what happened with the initial complaint by your ex. A lawyer would be helpful.

  3. #3
    Join Date
    Jan 2013
    Location
    Northglenn, CO
    Posts
    3

    Default Re: Arrested for Warrant Issued for a Court Date / Protection Order I Was Never Serve

    Quote Quoting free9man
    View Post
    Neither the arrest or detention were unlawful. The Marshals were operating in good faith based on a warrant issued by the court. You need to figure out what happened with the initial complaint by your ex. A lawyer would be helpful.
    So how can the City of Denver claim that I missed court when I was never legally served or notified?
    What kind of civil rights violation is this? I was never served a ticket, and no court date was even issued on the ticket.
    However, they posted a warrant for me "missing court". Again, never served.

  4. #4
    Join Date
    Sep 2005
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    73,803

    Default Re: Arrested for Warrant Issued for a Court Date / Protection Order I Was Never Serve

    When you (or your lawyer) investigates the court file, you can find information in the court file about service and why a bench warrant would have been issued despite your not being personally served with notice. Until you investigate the court file, all we can do is guess.
    Quote Quoting solsystem
    View Post
    I was never served a ticket, and no court date was even issued on the ticket.
    If you were not served with a ticket, what ticket are you looking at when you say that "no court date was even issued on the ticket"?

  5. #5
    Join Date
    Jan 2013
    Location
    Northglenn, CO
    Posts
    3

    Default Re: Arrested for Warrant Issued for a Court Date / Protection Order I Was Never Serve

    Quote Quoting Mr. Knowitall
    View Post
    When you (or your lawyer) investigates the court file, you can find information in the court file about service and why a bench warrant would have been issued despite your not being personally served with notice. Until you investigate the court file, all we can do is guess.

    If you were not served with a ticket, what ticket are you looking at when you say that "no court date was even issued on the ticket"?

    It was not a bench warrant it was an arrest warrant. Only an arrest warrant can give Denver Marshals permission to drag me out of my home.

    I received the ticket of the complaint AFTER I had been incarcerated, and brought into arraignment.

    The Marshals arrested me on the grounds that I failed to appear in court for this complaint. However, that same ticket, has no court date issued on it.

    In the section "YOU ARE HEREBY SUMMONED AND ORDERED TO APPEAR BEFORE THE COURT on: ______ / ______ / _____ at 8:00 A.M. In Courtroom 4A located at..."
    Is blank.

    How can they have an arrest warrant out for me if

    A) I was never served until AFTER Incarceration
    B) There was no court date issued on the ticket in the first place

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,803

    Default Re: Arrested for Warrant Issued for a Court Date / Protection Order I Was Never Serve

    If the court issued a warrant because you failed to appear in court, that was a bench warrant.

    If the court issued an arrest warrant other than a bench warrant - that is, a warrant for your arrest based upon a finding that there was probable cause that a crime had been committed and that you committed it, there would be no need to give you advance notice of a hearing.

    When you get your story straight, and investigate the court file to find out about notice of the missed hearing (if in fact there was one), let us know.

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