Saturday, the end of June 2014, my friend (let's call him Mike), was on his way to work when a cop pulled him over. The cop said he pulled Mike over because the cop thinks Mike missed his turn. Mike did not miss his turn. Mike turned onto the street he intended. Mike signaled at the proper time, moved into the turn lane correctly, stopped and waited until it was safe to turn. (picture of turn lane)
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The cop looked at Mike's registration and insurance and said it was all good. Then the cop said he will be right back and Mike could be on his way if everything checks out. Having being a law abiding citizen, (statically most drivers follow traffic regulations everyday) Mike expected to be on his way. However Mike could see in the rear view mirror the cop putting on gloves. This did not look good to Mike, (as he puts it). The cop came up, asked Mike to step out of the car, and then proceeded to arrest Mike. Mike asked the cop what for, and the cop said there is a warrant out for Mike. This was news to Mike. So far Mike has never committed any crimes, and never been taken to court as a defendant in any lawsuit.
Mike was expecting to be on his way but this was not looking good. The cop said hopefully we can clear this up so Mike can be on his way, however, the cop looked at his computer and said it was all valid and Mike was going to jail. The cop told Mike that the warrant was for missing a court date in October 2013. This was the first time Mike was hearing about this. Understandabily Mike was so mad.
How can this be? Shouldn't there have been advanced notice made so Mike could prepare a defense prior to the court date?
Mike asked him and the cop said "being arrested is him serving that notice to show up in court last year". The cop said that getting arrested was their way of being officially served notice to show up in court back in October 2013. Then the cop wrote up a traffic ticket for 'driving in lanes of traffic'.
Well in any other state there is a requirement to personally serve papers, such as a summons, on a defendant in advance of any court hearing, but not in Colorado. Apparently in Colorado there is no law like that. What Colorado did was to hold the court hearing and render a warrant for Mike's arrest completely without his knowledge.
The cop also went into Mike's car and took his wallet and went through it. The cop found Mike's mint condition 1974 $2 bill he's had had for years. Many of you get change back at the store or bank where you are handed paper money that looks like it was just printed. This $2 bill was like that. They told Mike they had to tow his vehicle, but it would not be a problem for him to get it back. They did not tell Mike they were going to charge hundreds of dollars.
Advice for all you drivers out there. If you are pulled over, make sure you stop your vehicle in a public parking lot. The police will tell you you can get your vehicle back 'no problem', however, they won't tell you the problem will be you have to pay them. In Colorado Springs, as many of you may know from the news report years ago, the city has been unable to pay their electric bills, the city and county governments are poor and will try to get money from people any way they can, regardless of what you think is fair.
When Mike was released from jail they did not return the $2 bill. Mike asked them for his money back, and they stated they do not return money. This really angered Mike. After all that happened so far, just the way the courts work in Colorado, El Paso County keeping his money made Mike want to move.
Since Mike was released on bail he still does not know what this case is about. He does not even know what crime they are charging him with. As of Thursday 3 July 2014, Mike has been notified the hearing has been moved to August 13, 2014. Mike hopes to get a public defender, but it turns out in Colorado you need to pay them a fee just to be considered, even then they don't guarantee you will be represented. Looks as if this is another effect of the poor local government situation.
7 July 2014, Mike went to the courthouse and was able to see, not get copies of the information, concerning this case. It was all on computers, and these computers are slow. Mike was allowed only a few minutes of use which limited him from finding out any pertinent information. However, he was able to find out who the judge that signed the order for the warrant is. That judge is Jayne Candea-Ramsey.
Hearing this, I am glad not to be living in Colorado Springs. I do hope Mike will be able to clear his name. What we do know is Mike is innocent and was put in jail. How many other innocent people are in jail in Colorado for lack of laws mandating advance notice being make on defendants?
Regardless where you live, this is just one reason you should be involved in your government. Your government is there to serve you. Make them accountable.
