The Mudcat Café TM
Thread #156175 Message #3680615
Posted By: GUEST,Rahere
27-Nov-14 - 07:16 PM
Thread Name: BS: help - I am starting to panic
Subject: RE: BS: help - I am starting to panic
The first thing to be said is that the question of identity against address was dealt with some years ago: if you are not the person named on the warrant, it cannot be held against you.
The second thing is that the error of name and address may be a technical justification to get the case thrown out: it would be double jeopardy to change it.
On the other hand, there are circumstances where the question of innocence can be put in question by certain odd forms of resetting the record to where it stood beforehand. From the way you are talking, you may want to spend a hundred pounds or so to consult a solicitor and have them accompany you as your witness in taking the summons back to the issuing authority yourself. You will probably need a strong proof of identity, such as a passport, and proof of your address sufficient to assure the issuing authority that you have the authority to affirm that the person charged is unknown at that address. I specifically use the term issuing authority as it is usually a Court Officer who issues the warrant, and the correct procedure to get it annulled will probably be done out of your sight by your solicitor taking your paperwork before the magistrate or district judge and swearing that they have verified your identity and can affirm that the warrant has been served to someone unknown at the address in question. Although it is technically possible to speak for yourself in a Magistrate's Court, it is not advisable, and will cause no end of delay, whereas if you have a solicitor in town, they are usually known and can always be checked so it sails through on the nod, as far as you are concerned.