same name warrant??

[crazymommy17801]

I came home on friday and there was a message on my machine from the local contable's office. Telling me to call there office as there is a warrant out for me. I have never been arrested before. In my town there are two people with the same name as mine. So they must be looking for this person and not me. I called the local police station just to see if they could run my DOB or SS# just to verify it's not me but they couldn't or wouldn't?? I'm going to the constable's office bright and early in morning. My questions are this....

How do they identify us?? How will they prove that they are looking for the other lady and not me?

Will i get placed in jail until this get's taken care??? I have two kids at home and i'm epileptic so being placed in jail is not good.

Why would they call me and tell me the warrant is for $350 and then not even leave a name of the constable who is calling? They just left a number??

[ConstableChuck]

The warrant contains a DOB so as long as yours is different then you should be fine, if you know for sure it's not you then there's nothing too worry about, the Constable should have left his name and contact number, if you need to put your mind at ease then try calling the local district courts to see if they have any warrants with the same name.

[Constable&FF]

Not all warrants have a DOB. A warrant evolving from a private criminal complaint ie. "bad check" , often only has a Name and Address. As far as being locked up, if it is only a summary warrant the only thing neccessary is to enter a plea

[ConstableChuck]

What you say is partially correct, however she was told that the warrant was for "$350", so there would be collateral required to avoid arrest, I've never done a private complaint warrant, I'm surprised that there's no DOB, if the defendant moved then how can you be sure it's the right person, I would be weary of serving such a non descript warrant, the AOPC gives us such little info and would certainly leave the Constable as the scapegoat if the wrong person were arrested.

[sc108]

That's where investigative skills come into play. I run across this quite often on library violations and private complaint bad checks. I just go to either the MDJ and pull the file to look at the copy of the complaint, sometimes the MDJ's staff also makes a copy of the check. If not I go to the store or company that filed the charge and get a copy of the check. Compare or run the OLN (sometimes) or just the signature on the check versus the signature on the defendant's driver's license. Also ask the defendant if they've ever lived at that address. If there's any question, have the defendant whip out her checkbook and compare the account numbers. You may also have to get a search warrant (yes, it can be done) and get the bank records for the account listed on the warrant. On library violations, I always stop at the library and see what info they have on their account. This doesn't have anything to do with AOPC, the MDJ's office only can put in what info they have. Quite a few stores (the biggest offender is WalMart) don't require their cashiers to get any more information than what is on the check.

Some MDJ's automatically add up the fine and costs on summary warrants. My one MDJ is an automatic $100 fine plus costs plus restitution for a total. Another's fine was double the cost of the check (up to $300) plus costs and restitution. That's how a collateral total is arrived at.

If Mommy is right and she's never committed any crime, she shouldn't have anything to worry about. However, I see a lot of Summons Undelivered warrants. Normally these are people who have moved (sometimes several times) or have never changed their address on their driver's license. I'm not going to guess on her guilt or innocence in this case. She needs to contact the constable's office and find out what the deal is.

[Constable&FF]

With little info to go on, just ask the person you believe to be the person on the warrant if they ever lived at the address on the warrant. Finding a good search site on the internet has often located subject for me. Nothing like seeing the office managers face when ya call and say I'm bringin in someone with an eight year old misdemeanor warrant

[SETZ]

Some of those internet search sites are why the Private Complaints came to be in the first place. There are places that don't bother checking ID's or anything else when a check is presented at thier store. When it comes time to file they check the net and the first or closest name match gets thier address and name on the complaint. Mommy may be a victim of just that. Wouldn't be the first time. That's were the constable has to investigate. But constables can't / don't investigate - WRONG! Asking just one question relating to a warrant / crime can be considered investigating. Anyone ever knock and ask if the defendant is home? Sorry to rant, don't want to start the whole authority thing again.