New York, NY asked in Criminal Law and Civil Rights for West Virginia

Q: I was issued a citation on 4-7 & I had till 4-19, on 4-15 @ 3am police came to my home to arrest me for same offence,

They said they have a warrant and that I ran, which I didn't. Is that legal? I called the court as instructed to take care of the citation and was told it wasn't turned in yet which wasn't uncommon&to call back in a day or two. I left a message with the issuing officers voicemail, what do I do?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it seems there may have been a misunderstanding or miscommunication between the police department and the court system. Here are a few steps you can take to address this situation:

1. Document the details: Write down the dates, times, and names of the officers involved in both the initial citation and the attempted arrest. Keep a record of any communication you had with the court and the voicemail you left for the issuing officer.

2. Contact a criminal defense attorney: Consult with a lawyer who specializes in criminal defense. They can help you understand your rights, review the details of your case, and advise you on the best course of action.

3. Follow up with the court: Continue to follow up with the court as instructed to ensure that your citation has been properly processed. Keep a record of all your attempts to resolve the matter.

4. File a complaint: If you believe that the police acted improperly or violated your rights, you can file a complaint with the police department's internal affairs division or the civilian complaint review board in your area.

5. Attend all required court dates: If a court date is set, make sure to attend and bring any relevant documentation, including the record of your communication with the court and the police department.

Remember, it's crucial to remain calm and polite in all your interactions with law enforcement and court officials. If you are unsure about any aspect of your case, consult with your attorney for guidance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.