Law advice

[smoothg103rd]

My aunt called me to tell me I got a letter in the mail, stating I have a court date November 25. I was thinking maybe its for some parking tickets or one of kids mother put me on child support. Until she said its in Woodbridge. I never drove in Woodbridge and I damn sure don't have kids there. So I asked her whats the charge, she says possession of *marijuana. Man I was like 14 when that shit happened. Riding with my cousin through Woodbridge on our way home. Cops stopped us and found weed in the car. He was around 19 I was a minor so he took the worst of the charge. It had to be either Friday or Saturday cause he didn't come home until Monday, when he seen the judge. He told them I didn't have nothing to do with it and being that I was a minor I only got detained, and my mother came and got me from the precinct, the same day. End of the story I never got sent a court date I think my cousin got probation and that was that.

Now why seven years later I'm getting a court date?

In my mind I think they are trying to trap me. Maybe I got a warrant and they are just using this to lock me up. So I'm scared to go, but I don't want to not show and get a warrant. And I don't wanna go to jail either. I'm not beat for no jail time right now and I'm not beat to be sitting in nobody's county .

Honest opinion do this sound like a trap?
Or do stuff like this happens?
7 years is a long ass time to get a court date

 

[4est_4est_Gump]

What's the year on the postmark?

 

[smoothg103rd]

What's the year on the postmark?

I haven't seen it, I would ask her.

 

[Stewart_Pidd]

don't let them take you alive bro!

Stew

 

[pete]

don't let them take you alive bro!

Stew

haha.

smooth why would they go thru the effort to 'trap' you?
if the cops wanted to find you it prolly wouldn't take them more than 5 minutes

 

[AllyRose]

I definitely wouldn't worry about it, and don't respond to that Nigerian prince either.

 

[Noor]

If there is a case number, look it up on line and see what it is. Google yourself.
It seems a bit strange since you have been in jail since that time and that should have come up then.
Federal Statue of limitations for drugs charge is 5 yrs usually. Weed is no much interest and you were a juvenile.
If you have no visible means of support call legal aid or whatever and see if they can check it out for you. Get a hold of the letter see what date the offense is.
Did you ever have a probation officer? Maybe they can check it out for you.

 

[Mischka]

1. Call a lawyer. If you do not know one, look up your local bar association and call them for a referral. If may cost you money, but likely, they will have a hotline to answer initial questions like this. And even if it costs you some money, this is exactly the type of situation you don't fuck around with.

2. Without seeing the document you received from the court, but given that you were merely detained and not arrested in the single incident that you recall, you may have received a summons to testify as a witness in court, not appear for criminal charges against you. But a criminal lawyer looking at the document in question will be able to assess the situation accurately.

 

[lynn-23]

If there is a case number, look it up on line and see what it is. Google yourself.
It seems a bit strange since you have been in jail since that time and that should have come up then.
Federal Statue of limitations for drugs charge is 5 yrs usually. Weed is no much interest and you were a juvenile.
If you have no visible means of support call legal aid or whatever and see if they can check it out for you. Get a hold of the letter see what date the offense is.
Did you ever have a probation officer? Maybe they can check it out for you.

It sounds like this is a state charge, not federal. So there may not be a statute of limitations. I would get the case number from the letter and call the court and/or call the prosecutor in that county and ask what is going on. It is entirely possible its a mistake, maybe somebody else used your identity when they got arrested. It happens. The WORST thing you can do is ignore and not show up. A warrant for your arrest will be issued and the next time you get stopped for speeding or anything, no matter what state you are in, you will be arrested. Also, a public defender cannot be appointed until you have already been arrested. But get ahold of the document and read it carefully to see exactly what it says.

 

[JAMESBJOHNSON]

I suspect the post is BS.

 

[imalickin]

Go here for Statues of Limitation for all 50 states.

 

[Mischka]

I suspect the post is BS.

Most likely. But in the off chance that this person actually consults forum boards for advice, I thought I'd be serious for a moment.

 

[Killswitch]

Hiring a mouthpiece is probably a good idea in this situation...for you. If it were me though I'd sidestep the lawyer and go directly to the Prosecutor in Woodbridge and request a meeting as soon as possible.

Get the case handled in that setting.

It's what the lawyer is going to do.

 

[Noor]

http://www.lsnj.org/
www.eclaanj.org
www.vljnj.org/get-help

 

[chillywilly2]

Head for Canada, or just call them and ask whats up

 

[Noor]

You can probably check online for a warrant too. I always check out all the guys I see before I get serious, you can find out all sorts of things.
Are you sure it's not a subpoena in another case? Or is it possible someone you sold to had a problem?
You need to get this checked out. First get the letter, or have someone else get the letter, or have your aunt take a good picture of it and send it to you via phone.
I wouldn't physically go to your aunt's house just in case.

 

[Skiddles2014]

Stop wiping your ass.

 

[smoothg103rd]

My daughter want to go up that way and play with my little cousin. I told her I will take her up there tomorrow. I would read the mail then.

 

[FGB]

Get you a good, connected criminal attorney.

Things like that can go away and it never, ever happened.

You will not even have to show up in court.

It will cost some money. but usually you can pay it off in installments if you can't get the money from the bank or pay in cash.

Trust me on this, I know...

 

[Que]

My aunt called me to tell me I got a letter in the mail, stating I have a court date November 25. I was thinking maybe its for some parking tickets or one of kids mother put me on child support. Until she said its in Woodbridge. I never drove in Woodbridge and I damn sure don't have kids there. So I asked her whats the charge, she says possession of *marijuana. Man I was like 14 when that shit happened. Riding with my cousin through Woodbridge on our way home. Cops stopped us and found weed in the car. He was around 19 I was a minor so he took the worst of the charge. It had to be either Friday or Saturday cause he didn't come home until Monday, when he seen the judge. He told them I didn't have nothing to do with it and being that I was a minor I only got detained, and my mother came and got me from the precinct, the same day. End of the story I never got sent a court date I think my cousin got probation and that was that.

Now why seven years later I'm getting a court date?

In my mind I think they are trying to trap me. Maybe I got a warrant and they are just using this to lock me up. So I'm scared to go, but I don't want to not show and get a warrant. And I don't wanna go to jail either. I'm not beat for no jail time right now and I'm not beat to be sitting in nobody's county .

Honest opinion do this sound like a trap?
Or do stuff like this happens?
7 years is a long ass time to get a court date

I have no idea about drug charges, but I am vaguely aware that in some areas it is not decriminalized, but is treated as such with a catch and release policy for revenue generation.

A lot of jurisdictions are trying to get revenue by pulling old files and sending bullshit collection notices.

I had some tickets 12 years ago. They suspended my license. Because of an unrelated stop and a failure to appear warrant back then, I ended up spending a little over a day in Yuma Prison and a very nice judge sentenced me to time served for the matter before him.

Somehow the paperwork got messed up and the hold on my license was released. They are unable to re-suspend my license, so recently they suspended the ability to renew any of the registrations on my 1/2 dozen cars.

Here is the thing...for them to have VALID court date for you it is mandatory that they have some sort of acknowledgement from you that you are aware of the notice. No signature, no court date. (I think)

As far as "tricking you" it's a dumb trick. They shoulda told you you won the lotto. Who are they going to lure with the prospect of getting a fine.

All of that said, watch out. Minor courts have a bad habit of absolutely disregarding any pretense about due process. The theory is if its JUST a fine (no matter how burdensome) and they aren't asking for ail-time, you do not get a lawyer, and if they default you, too bad.

I don't know what I would do. Even if you get an attorney, he cannot inquire without also being in a position to accept service of process for you. You know anyone that works at the court or a cop you trust?

 

[Que]

As far as the statute of limitations you were incarcerated after that, correct? They cannot claim you fled justice if they had you in custody and did not charge you.

 

[smoothg103rd]

I'm not paying no fine, if they are looking for that, they got a better chance finding a living 2pac. I'm not paying a lawyer for something so minor. The thing with the fine is I was a juvenile so my guardian supposed to handle all the legal fees. I'm a adult now so they could suck my left nut, if they think I'm going to pay for something my cousin already confess to and something that happened 7 years ago. I don't have money to throw away, I'm struggling as is. So no lawyer, no fine and hopefully no jail time.

 

[smoothg103rd]

As far as the statute of limitations you were incarcerated after that, correct? They cannot claim you fled justice if they had you in custody and did not charge you.

Yeah, that's why I don't know what do they want from me.

 

[CandiCame]

It's probably a failure to appear notice. I'd ask a lawyer what to do, because usually they'll put those out and then when you get pulled over for something the cop'll run your license and it'll come back and they will take you in for it. They keep those things on file a long ass time.

 

[CandiCame]

I'm not paying no fine, if they are looking for that, they got a better chance finding a living 2pac. I'm not paying a lawyer for something so minor. The thing with the fine is I was a juvenile so my guardian supposed to handle all the legal fees. I'm a adult now so they could suck my left nut, if they think I'm going to pay for something my cousin already confess to and something that happened 7 years ago. I don't have money to throw away, I'm struggling as is. So no lawyer, no fine and hopefully no jail time.

That doesn't sound like something you should have to pay a lawyer for.

http://apps.americanbar.org/legalservices/findlegalhelp/faq_freehelp.cfm