QUESTION
My case is still pending and I never received a summons, what should I do?
Asked on Feb 15th, 2012 on Criminal Law - Colorado
More details to this question:
I got arrested in 2005 for contributing to the delinquency of a minor. I was suppose to receive a summons but never did. Now it is still showing on the arrest record that it is still pending. What are my options?
3 ANSWERS
3 Awards
It sounds like you have never been to court nor was a court date ever set. If this case was never filed with the court, then it is likely past the statute of limitations and is no longer a viable case. But, CBI still has the arrest record. You need to file to seal the record. I would get attorney help on this. But, you might be able to petition CBI to remove it from your record since it was never filed. Attorney help is probably needed here.
Answered on Feb 15th, 2012 at 1:02 PM
It is quite possible that a warrant currently exists in this case for your arrest. I would advise that you seek counsel immediately to address this issue (and hopefully avoid an arrest) as well as to look into whether this case is even proveable anymore at this point due to the age of the case and other potential defenses. Contributing to the Delinquency of a Minor is a class 4 Felony, so I do not advise taking this situation lightly. Not only do you want to resolve this case quickly and favorably, but you likely want to and need to try to get the records sealed at the conclusion (if possible). Good luck!
Answered on Feb 15th, 2012 at 12:52 PM
Gregory Graf
I suggest you go directly to the Court where the case is listed and surrender yourself directly to the Court. Most County Courts have a "duty" division that is handling the daily-overnight arrests. Present yourself to the clerk in the Courtroom and identify yourself. She can look you up and add-on your case. You are much less likely to have to post a bond if you self surrender and the Court will likely accept your explanation that you did not receive the summons. I recommend you hire an attorney to help you with this process. First, an attorney will be able to look you up to find a case number to streamline the add-on process. Second, an attorney will be able to evaluate the existing evidence rather than what existed back in 2005. There is a strong likelihood that the prosecution will be unable to prove its case now that it is 7 years old and witnesses are no longer available.
Answered on Feb 15th, 2012 at 12:48 PM