Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to hear about what happened. Do you know what she was actually charged with? Was this a minor accident so a traffic citation was issued?
No, the vice principal claimed she squealed her wheels in the parking lot and he called the police, and they didn't do anything, but sided with him, even though they had seen nothing. She was called into the principal's office the next day and they simply said they might have to file charges. That was last October. Then she found out through this background check Friday that there is a warrant for an Adult misdemeanor. She was completely shocked. The background check shows there were charges filed in January, four months after the fact. We're still stunned.
I can certainly understand the shock. At this point in time, the warrant needs to be lifted and the case set on the Judges docket, so she can appear and fight or resolve this. She can retain an attorney who can file a motion with the court, advising that she was never notified of a court date or else she would have appeared. Moreover, that the failure to appear was not intentional and that she wants to the court to re-set the date, so she can appear and take care of this. She could also try and resolve it herself and go to the clerk of court on Tuesday, to file the motion. If she retain an attorney, they will be able to look over the facts of the case and see if she has any legal defenses. If the officer did not witness this, there could be a possible issue with issuing the citation in the first place. Squealing her tires alone, should not be enough to substantiate a charge and there may need to be other evidence of her driving, for there to be a case against her.
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