Can officer mail a summons for property damage & was this the proper procedure? Should I have been hospitalized? What are the laws for charging someone after events? Was any of this afoul of the law? Events: drank 2 beers & a glass of champagne & blacked out for 5-6 hrs. Allegedly arguing w/ someone in my group, group left me inside B&B alone, next thing I know, police literally picking me up off side of road, blocks away. 3-4 police, no EMT “available”, I’m incoherent & cant comprehend anything. Taken to jail, placed in cell, start banging on metal door yelling for someone to come back to tell me what happened. Yanked from cell, placed in cuffs, dropped off at sheriff’s an hour away & cited w/ disorderly conduct. Sheriff’s put me on vacant 3rd fl., not allowed to call lawyer. Held for 12 hrs & vomited entire time. Yelled for someone to come because something didn’t feel right - no one came so I gave up. Sick for 2 days following. 2 1/2 weeks later, received summons & citation via certified mail on Chief’s letterhead w/ arresting officer’s typed name. No ones signature on letter. Citation states property damage 2nd deg, dated 12 days after incident. I have no priors nor addictions.
First, hire an attorney who practices criminal law in your area. Next, obviously you are at a disadvantage when you can't remember what happened. A misdemeanor charge can be filed against you for up to one year after the event. The usual process is for a summons to be issued with a court date for you to appear in court. If you fail to appear, then an arrest warrant will be issued for you. You need to show up at your court date, preferably with a lawyer.
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