URGENT!!!...Should case be thrown out?

This is a discussion on URGENT!!!...Should case be thrown out? within the Trials & Sentencing forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; My son age 19, from Nova Scotia Canada,was not arrested, not interviewed by police, not issued a summons, not issued ...

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Old Sep 16th, 2008, 06:05 PM   #1
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Exclamation URGENT!!!...Should case be thrown out?

My son age 19, from Nova Scotia Canada,was not arrested, not interviewed by police, not issued a summons, not issued a Promise To Appear, not issued nothing. Yet he received a "Warrant For Arrest" for failure to appear in court on an assault charge. He was out of province at the time of the warrant although he was in province at the time of this alleged assault,and I attended court and had the warrant lifted. He was given a new court date of Oct. 20 to enter a plea on this charge. Is it illegal for the courts and the prosecutors office to issue this warrant? Is it illegal for the courts to ask him to plead on a charge that he was never properly issued?

Apparently, the police laid this charge with the crown prosecutors office and did not inform my son. The first that we heard of this matter was the Arrest Warrant.

Should this case be thrown out by the Judge??

Thank you in advance for any legal advice you may share with us.
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Old Sep 17th, 2008, 10:06 AM   #2
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Default Re: URGENT!!!...Should case be thrown out?

[he received a "Warrant For Arrest" for failure to appear in court]


he has to have been notified in some format of the court hearing or the judge will certainly through it out

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