Possession case "not filed" yet ?

[slohemian]

Hey so today was supposed to be the big court date. I called the court this morning to confirm the time noted on the citation since it was somewhat unclear due to poor handwriting. The woman told me my name was not found in the computer or on any paperwork. She told me my charges probably were not filed and that i did not need to show up for court today. She said keep an eye on my mailbox and to check the website(which i did and still couldn't find my name).

I am still going to go to the courthouse to be sure, its not worth having a warrant put out for me. Has anyone else had a similar situation? What am i to expect?

Another little tidbit is that a few days after my arrest my name never showed up in the newspaper under the police beat, and it crossed my mind then that something happened to the charges? (wishful thinking perhaps)


So until i go to court later today to make DAMN sure im not mistaken... I am to keep an eye on the mailbox and to expect it "within a few months to a year"? Sounds odd.... anyone?

 

[GMT]

I once had this happen with a driving offence, it wasn't actually an offence and I wont go into the details, but I was told not to bother going to court and that the charges would be dropped. A freind made me go anyway, and I'm glad I did, because the charge was not dropped, I was tried and found not guilty, due to not being. But if I hadn't gone, then I would have been found guilty in my absense.

 

[hempzi]

if you're a sketchy dude, or you've been up to anything else/it was a large amount, etc, i've heard of stuff being handed from local cops to state cops, or from state or locals to the feds. Be careful. Go to court though. Unless you think that idea isn't too probable in your situation. regardless, best wishes.

 

[slohemian]

I have a completely clean record, and it was 1 8th of weed. Any ideas?

 

[GMT]

hehe, I'd say forget it.

 

[slohemian]

its a tough thing to forget my friend. i have never been in trouble before its a big deal to me

 

[swampdank]

Check the court docket. If your name isnt there, you dont have a court date. Snap a photo of the docket to really cover your ass.

Your attorney should have all the bases covered for you.


Sounds fishy but I would at least show up. If they never call your name, then you are just a bystander. Dont fuck yourself by getting a FTA. You will never get a bond with FTA on your record.

 

[funker]

i think with such a small amount they may have decided it wasn't worth prosecuting you for it at this time...what they are doing is hoping they catch you again with possession or worse so that then they can have a multiple charge to fuck you with and establish you have a history of "problems"...basically they can wait until the statute of limitations runs out on the possession charge...i'd bet if u don't get caught again they probably don't bother you about it but what do i know...

 

[oldschoolfarmer]

I've had the exact same thing happen with a driving offense. Called them weekly for months and never had anything filed, no court date.

1 year later during a routine traffic stop I got dragged out of the car and slapped in irons. Turns out there was a FTA from the traffic violation. Took me several court visits and getting documentation of all the calls I made to the court to convince them it wasn't my fault.

IIWY, I'd call the court every day. If they get sick of you, make them document the fact that you've been checking in and after x amount of days nothing was filed.

 

[Charg5152]

This is the story of my life and my local county courts. I am always the one that has the ticket and no court date, or is found not guilty but the prosecutor does not submit new ruling, or per the prosecutor's request my court date is delayed but the change was never filed and warrants issued. I am the one that didn't have his insurance card on him 4 years ago and still getting suspension letters to this day due to my state's dept of motor vehicles and missing or misfiled paperwork. I am "the guy" that is found innocent by the court but they never forward the ruling to the dept of motor vehicles. If it is possible for the court to be incompitent, make a mistake, or just royally f**ck something up.....it will happen to me. I am not sure if you are one of these unlucky folk as well, but I would follow up on your ticket until you have something in writing from some government agency saying it was never filed/charged.

Do NOT just forget about this. Follow up on this issue!!! If it were me I would hire a lawer for a few hours and have his firm follow up on the issue and get the real story behind it. Speaking from experience, as soon as you think everything has been taken care or you do not need to worry something will come and bite you in the ass eventually.

The last thing you want it to be pulled over for no turn signal a year from now....and they throw you in the cuffs because of some random warrant that you did not even know existed.

 

[StarGatherer]

Dont sit on it bro.Cops are becoming hard up for money nowadays.Would not suprise me if this is intentional manipulation in order to increase fines and charges.If you know the officers name, try very hard to get ahold of him/her and work it out.Or as Charg said hire a lawyer and have them track it down.It may be a hassle now but it will be much worse if you dont do it.You may be one of the lucky ones who fall thru the cracks but I seriously doubt it.

 

[79towncar]

Yea def show up anyway see whats going on. Also if you have a lawyer he should know whats going on, goodluck.

 

[Smuckers]

The case hasn't been filed yet.

One of two things are going on:

1) The D.A.'s office is busy and hasn't gotten around to it yet.

2) The D.A's are deciding whether or not to charge you with a crime.

It doesn't mean that you're not going to be charged - you just haven't been charged yet. Just keep watching your mailbox and check online if your state has online court records of that type. If a year goes by then you are probably fine in assuming that nothing will come of it.

 

[Babbabud]

Ive seen plenty of ppl not get charged for over 90 days. The DA offices are backed up with "petty crimes" they try to turn into felonys.

 

[Smuckers]

Yea def show up anyway see whats going on. Also if you have a lawyer he should know whats going on, goodluck.

If you show up to court and you don't have a court date set on the calendar then they will tell you go home. There is no need to see what's going on; it is a waste of time.

If you call the court and the clerk tells you that your case hasn't been filed, then get his/her name and write yourself a little note for your records. "Called 555-1212 and spoke with Karen (clerk at X CT house) and she told me that my case hadn't been filed. 4/7 @ 8 am."

If he had a lawyer then his lawyer would have told him "I checked with the court. Your case hasn't been filed. It doesn't mean you won't be charged, you just haven't been charged yet. Keep watching your mailbox and tell me if you get anything." The court doesn't know if someone has retained a lawyer until the arraignment anyway (first court date).

 

[SouthernGuerila]

They(attorneys) cannot file entry of appearance until their client has been arraigned on charges.

Call the DA's office and ask to speak with the ADA who's prosecuting your case, if any. They should have records, even before you're formally charged and arraigned. They may just nolle prosequi your charge, which means they just drop it.

If you get anything for 1/8th an oz, it'll be a slap on the wrist and / or just a fine.

 

[nekoloving]

Check the court docket. If your name isnt there, you don't have a court date. Snap a photo of the docket to really cover your ass.

Your attorney should have all the bases covered for you.


Sounds fishy but I would at least show up. If they never call your name, then you are just a bystander. Don't fuck yourself by getting a FTA. You will never get a bond with FTA on your record.

listen to this one, a single FTA will prevent you from being released O/R if ever arrested later [own recognizance]

and the BEST advice he could give was make sure your name's not on it. when you walk up remember you could just be there for moral support, so yeah look and snap a shot of that bastard, but make sure you weren't scheduled for night court instead [if y'all have that thar]