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ARRESTED FOR FTA ON A 22 YR OLD WARRANT.WHEN ARRESTED WAS SEARCHED AND CHARGED WITH POSS OR CONT.SUBSTANCE AND POSS.PARAPHENELIA

Wichita, KS |

I WAS RECENTLY ARRESTED ON A FTA WARRANT IN KS IN REGARDS TO A $22 BAD CHECK WRITTEN IN 1990.I MOVED TO ARIZONA ON IN 1990 AND HAD NO IDEA OR NOTIFICATION THAT IT HAD BOUNCED.I WAS NEVER PERSONALLY SERVED AND NEVER RECEIVED ANY CORRESPONDENCE ABOUT IT.I WAS ARRESTED FOR FTA LAST MONTH, AND IT WAS EVERYTHING 'BUT' A PLEASANT EXPERIENCE.WHEN THEY OFFICER SEARCHED ME,HE FOUND NOTHING,THEN HE CALLS A FEMALE OFFICER WHO SEARCHED ME FOR ANOTHER 30 MIN. SHE WAS RUNNING HER HANDS UP INTO MY VAGINAL AREA THROUGH MY JEANS,UNDER MY SHIRT AND BREAST AREA AND WAS VERY ROUGH.SHE REACHED INTO A POCKET THAT WAS SEARCHED 2 SEP. TIMES ALREADY AND PULLED OUT A BAGGIE CONTAINING A WHITE SUBSTANCE.I ONLY CAUGHT A GLANCE OF IT AND WHEN I FREAKED A LITTLE AND ASKED TO SEE WHAT SHE HAD,SHE SAID "SHUT UP AND DONT RESIST."THEN THEY SEARCHED MY CAR,REGISTERED TO MY BROTHER AND CLAIM THEY FOUND A LIGHTBULD UNDER MY SEAT THAT SAID WAS USED FOR SMOKING METH.I TOLD HIM THAT THE SHIRT BELONGED TO MY DAUGHTER WHO WAS LIVING WITH US AT THE TIME AND WAS STRUGGLING WITH A BAD METH ADDICTION AND THAT MAYBE SHE HAD HID IT IN THE SHIRT IN THE CLOSET AND THAT I HAD NOT CHECKED THE SHIRT POCKET WHEN I PUT IT ON. AND THAT I KNEW NOTHING ABOUT THE LIGHTBULB EITHER.THE ORIGINAL SUMMONS SAYS NOTHING ABOUT A WARRANT BEING A POSSIBILITY, JUST THAT JUDGEMENT BY DEFAULT WOULD BE ENTERED.THE ORIG.SUMMONS ALSO HAS 'PERSONAL SERVICE' STAMPED ON IT, BUT AT THE BOTTOM IN THE 'RETURN OF SERVICE' AREA,THERE IS AN 'X' ON THE 'RESIDENT SERVICE AND MAILING' INDICATING THEY LEFT A COPY OF THE SUMMONS AT MY ADDRESS AT THE TIME (WHICH WASNT WHERE I WAS)AND BY A FIRST CLASS MAILING.I HAVE BEEN BACK IN KANSAS SINCE 1992,HAVE MAINTAINED EMPLOYMENT SINCE THEN,RAN A STATE LICENSED DAYCARE FOR 4 YEARS,HAVE FILED A TAX RETURN EVERY YEAR,HAVE MAINTAINED A DL AND SO,HAD THEY HAVE MADE SOME SORT OF EFFORT TO FIND ME OVER THE 2O YEARS,IT WOULD NOT HAVE BEEN HARD TO FIND ME.I HAVE NOT PERSONALLY GIVEN THEM ANY MONEY,BUT THEY TOOK MY BOND AND GARNISHED MY WAGES.CAN THE WARRANT BE DEEMED INVAID UNDER STATE v WASHINGTON LASK OF SPEEDY TRIAL AND IF THAT CAN BE DONE,WILL THAT MAKE THE WARRANT VOID,THEREFORE MAKING THE ARREST AND SEARCH INVALID??ON THESE CHARGES,MY BOND WAS $5000.

AND HOW COULD A WARRANT HAVE BEEN ISSUED FOR ME IF I WAS NOT EVER SERVED OR NOTIFIED THAT I WAS BEING HELD IN CONTEMPT?THE ONLY DOCUMENTS I HAVE BEEN ABLE TO GET HUST RECENTLY FROM THE COLLECTIONS ATTY IS A COPY OF THEIR ORIG. PETITION FOR JUDGEMENT,A COPY OF THE ORIG. CHECK AND 1 LETTER NOTIFYING ME OF THE CHECK BOUNCING AND A DOCUMENT/COURT FORM GRANTING JUDGEMENT BY DEFAULT. I HAVE NEVER BEEN CHARGED OR CONVICTED OF ANY CRIME AND HAD A CLEAR RECORD UNTIL NOW.

Attorney Answers 2


  1. Best answer

    Complicated and very serious situation. You need to get off this board and talk to an actual attorney.

    Chris Kalberg, Kalberg Law Office, L.L.C. (913) 825-6670, kalberglaw@everestkc.net No attorney client relationship is created via any Q&A session on this or any other website no comment or answer proffered may be construed as legal advice.


  2. You don't have to be served with a warrant for it to be valid. Moreover a warrant, once issued, never goes away. Even so you should consult a local attorney to see if there are any defenses to the stop.

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