okay, then why did the LP officer say if I keep the courts aware of any address change then there wouldn't be a warrant out for my arrest. Could this procedure be different in Pennsylvania?
Printable View
okay, then why did the LP officer say if I keep the courts aware of any address change then there wouldn't be a warrant out for my arrest. Could this procedure be different in Pennsylvania?
Maybe you misunderstood something he said. Courts wouldn't care where you ended up if they didn't have an interest in you at some point down the road........
when we were waiting for the police he said that I wouldn't hear from the courts for about 1 year. Once he got the clear from the police officer, he walked me out of the store and said make sure the courts know your address if you move. If you don't keep them aware of you're current address then they would issue a warrant for your arrest.
They are probably going to the magistrates office to file their own complaint, using the police report number which the officer most likely gave them. It could take them a while because sometimes LP's take a whole stack down with them.
The police file the report and since the store is the complaining party they get to file the paperwork. Most likely, the store has a good relationship with the DA and their office, so you can expect a notice to appear sometime in the coming months - possibly after the holidays or the first of the year due to the time of year/workload.
Okay, I found alittle information out myself. This might benefit someone else in my situation. Remember I live in PA These are the rules in my county.
RULE 509. USE OF SUMMONS OR WARRANT OF ARREST IN COURT CASES
If a complaint charges an offense which is a court case, the issuing authority with whom it is filed shall:
(A) issue a summons and not a warrant of arrest in cases in which the offense charged is punishable by a sentence to imprisonment of not more than one year, except as set forth in paragraph (b);
(B) issue a warrant of arrest when:
the offense charged is punishable by a sentence to imprisonment of more than five years; or
the issuing authority has reasonable grounds for believing that the defendant will not obey a summons; or
the summons has been returned undelivered; or
a summons has been served and disobeyed by a defendant; or
the identity of the defendant is unknown;
(C) issue a summons or a warrant of arrest, within the issuing authority's discretion, when the offense charged does not fall within any of the categories specified in paragraphs (a) or (b); or
(D) when a defendant is charged with more than one offense and one of such offenses is punishable by a sentence to imprisonment for more than five years, issue a warrant of arrest.
So, the way I understand this, I should expect a summons. If the summons is undeliverable, then they would issue a warrant for my arrest. I think that is what the LP Officer was tring to explain to me.
Oh, by the way there was no police report filed. All the police officer did was check to see if I had any priors.
I can't see that they would base their decision to prosecute immediately upon whether or not you had a record.
More than likely, they have a deal with the local police and DA as to where they file their own cases through a magistrate.
Dealing with JCP they are a 100% prosecution company - they prosecute regardless if you are a 10 year old who stole a $2.50 candy bar or 87 year old who stole $1000. Panther - correct me if I am wrong.
Hey, they have the right to prosecute. I stole from their retail store. I think the LP was basing it on whether or not he was going to have me arrested based on if I had any priors. I'm sure they'll still prosecute. I just wish they'd do it already.
I'm glad panther and soupdave weren't the LP that I dealt with. They seem to have a nasty streak. (no offense) that's the impression I got from other posts I've read from them. You know what they say sometimes police officers (Lp officers) are one step away from being criminals themselves. Maybe not you guys but plenty others out there.
Regardless of when JC Penneys (correct spelling) files papers it will still be up courts to decide when to file charges and issue summons. Since there was no actual arrest (detainment is not arrest) the right to speedy trial does not apply