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    Char30's Avatar
    Char30 Posts: 6, Reputation: 1
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    #1

    Jul 15, 2011, 09:15 AM
    Am I legally obligated to give the police a copy of my summons if they lose theirs?
    I was caught shoplifting, but the police called me last night (at 11:38 p.m.)to inform me that they had lost their copy of the summons. Am I obligated to give them my copy? (they were also at my door at 7:00 this morning)..
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jul 15, 2011, 09:20 AM
    Quote Originally Posted by Char30 View Post
    Am I obligated to give them my copy? (they were also at my door at 7:00 this morning)..
    Hello Char:

    No. You have NO obligation to interact with them, AT ALL! I hope you slammed the door in their faces.

    excon
    Char30's Avatar
    Char30 Posts: 6, Reputation: 1
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    #3

    Jul 15, 2011, 09:21 AM
    Comment on excon's post
    So what happens if I don't give them a copy?
    Char30's Avatar
    Char30 Posts: 6, Reputation: 1
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    #4

    Jul 15, 2011, 09:33 AM
    What happens in court
    What happens in court if I don't give the police a copy a my summons?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jul 15, 2011, 09:43 AM
    Quote Originally Posted by Char30 View Post
    so what happens if I don't give them a copy?
    Hello again, Char:

    I guess they'll MISS the hearing...

    Of course, I'm being facetious, but if these STUPID cops don't know how to get another copy from the court, they don't DESERVE to attend the hearing...

    In any case, NOTHING will happen to you. Of course, the cops ain't going to LIKE you very much. But they ALREADY don't like you.

    When they knock, tell them to contact your lawyer. If they call, tell them to call your lawyer. If you don't have one yet, tell them to call your lawyer WHEN you have one.

    excon
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #6

    Jul 15, 2011, 09:51 AM

    Not doing what the court directs you to do results in what's called "Contempt of court". What happens is mostly at the presiding judges discretion. But needless to say... they don't like being ignored.
    Char30's Avatar
    Char30 Posts: 6, Reputation: 1
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    #7

    Jul 15, 2011, 10:36 AM
    Comment on smoothy's post
    But I'm not in court yet, the police lost THEIR copy of my summons... so how am I "in contempt"?
    Char30's Avatar
    Char30 Posts: 6, Reputation: 1
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    #8

    Jul 15, 2011, 10:40 AM
    Comment on excon's post
    I had another answer saying that if I didn't do what the court directed me to, I would be held 'in contempt". I answered by saying I hadn't been to court yet, so how could I be held 'in contempt?' Was I correct?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Jul 15, 2011, 11:02 AM
    Quote Originally Posted by Char30 View Post
    I had another answer saying that if I didn't do what the court directed me to, I would be held 'in contempt". I answered by saying I hadn't been to court yet, so how could I be held 'in contempt?' Was I correct?
    Hello again, Char:

    You are correct. The cops don't work for the court..

    excon
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #10

    Jul 15, 2011, 11:22 AM

    I think it might be best to clarify what country and what state this would be in. Because rules can vary. And knowing specifics we (this site) can provide a more informed answer.

    What I meant was who issued the rules that require you to provide that copy to the police. Was it the court (even if you physically have not attended yet) that says you must or some other entity, or was it simply a request they (the police) made of you?

    And is there a reason you don't want to if they do already have a copy?
    Char30's Avatar
    Char30 Posts: 6, Reputation: 1
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    #11

    Jul 15, 2011, 12:59 PM
    Comment on smoothy's post
    I live in Canada. I guess I should have said that in the first place. When I was arrested, they (the police) gave me a paper indicating when I was to show up for fingerprinting and court. They have lost their copy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #12

    Jul 15, 2011, 01:36 PM

    If they have no record of it, they would just issue you another summons with a new date.

    If, on the other hand, they have it in the computer as to when you are to show up, if you don't, then they will most likely charge you with not appearing. *** not that you may not be able to fight it, but to fight it, you would have to lie, and if latter it is proved that you lied, it gets worst
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #13

    Jul 15, 2011, 02:07 PM
    Here's a little more information that the OP didn't address in this thread... might help to give a better answer:

    https://www.askmehelpdesk.com/criminal-law/am-legally-obligated-give-police-copy-summons-if-they-lose-theirs-587612.html
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Jul 15, 2011, 04:07 PM

    I've merged your two threads. As you can see starting multiple threads over the same issue can lead to confusion. When posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments or starting a new thread.

    It really depends on the nature of the summons issued, but the police know who you are and that you may have committed a crime. They can get the info from the store. You are not going to get away with it because of the police screwup.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #15

    Jul 15, 2011, 04:42 PM
    Quote Originally Posted by Char30 View Post
    What happens in court if I don't give the police a copy a my summons?
    Is it a summons issued by the court or a citation issued by the police officer? If it's the former, the officer would go to the clerk of court, explain (with embarrassment, presumably) that he lost it, and ask for another copy. Then he will be able to make a return of service, indicating when you were served with the summons.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Jul 16, 2011, 08:21 AM

    I am not aware of any Police Department that doesn't use either carbon copies OR computer generated paperwork.

    This sounds a little strange to me.

    The ticket is lost but the Police know where to find the OP? How?
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