Legal Question in Civil Rights Law in New York

arrested without summons nor court date

I was issued a temporary restraining order by two police officers in NJ serving on behalf of the Bronx DA. I was served only the TRO but not any summons for a court date. On the TRO it just mentions that it will remain in effect till 10-26-04. So I complied by it and never received a summons in the mail at all. I got in contact with my ex to deliver to her some article of clothing that belonged to her and a letter and some other things, on 10-30. I did not see her but left the things at her door where she lives. Next thing I know she calls me the following day to tell me to leave her alone because the TRO was extended on 10-26. That was the day I had to be in court. I told her it doesn't mention a court date on the TRO. She had already contacted the police after i contacted herbefore she called me to tell them I contacted her. The police arrested me on 11-1-04 because I did not go to court on 10-26 and also I contacted my ex. I was imprisoned for four days. I have a witness my son, 14 years old that will testify that the officer only served me the TRO without a summons. They had the wrong addresss for mailing anything to me as well. I was arraigned before a judge who set bail at 2000/1000. I was bailed out on 11-4-04.


Asked on 11/09/04, 6:38 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: arrested without summons nor court date

O.K., Mister, it's time to "wise up."

You are treading on the edge of disaster here, but you have a chance to avoid it. This will require a complete attitude change on your part, however.

This woman wants you out of her life, completely, totally, and forever. Period, exclamation mark. It really doesn't matter why, and it really doesn't matter whose "fault" it was that the relationship ended.

It's OVER, dude, so get used to it. Quickly.

By having bail posted at relatively low amounts, I will assume the judge is trying to "send you a message." You need to read that message LOUD and CLEAR, or you will really jam yourself up.

What you are trying to do is find excuses to continue to interact with your ex. "I didn't get the summons...I didn't know the court date...they didn't have my correct address..." Please, get the violins. That's just so much B.S., and you know what? No one's buying it.

So, you know what? If you think you could possibly have any reason to get in touch with your ex, DON'T. LEAVE HER ALONE. DON'T CALL, DON'T WRITE, DON'T LEAVE NOTES ON HER WINDSHIELD, STAY COMPLETELY AWAY FROM HER.

Put her completely out of your mind, get on with your life. It's OVER. Anything you do other than completely forget about her will just make things worse for you and you will end up in jail, perhaps for a significant period of time.

You also definitely need to hire a lawyer before your next court date, to deal with your pending charges. You should also see a counselor before then, so you can tell the judge that you are dealing with your psychological problems appropriately. Then, maybe, the judge won't lock you up.

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Answered on 11/20/04, 4:46 pm


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