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Show 1 2nd In Series 1 Are There Better Ways To 1 Warn Before Summons? By GARY R. BLODGETT Being served a warrant for arrest can be an embarrassing, em-barrassing, even humiliating experience. Yet it happens to many. 2;FOR A few, the warrant is justified the alleged offense is for an indictable misdemeanor or even a felony. But for most, the warrant for arrest is for a traffic ; ; .violation, or less. c: , As was pointed out in the Davis County Clipper and .-Reflex-Journal a couple of weeks ago, it's possible to be served a warrant for arrest for something as minor as failure to pay a citation for an expired auto inspection -''sticker. -' ' BUT IT can happen, and often does. 5"-: What can be done to eliminate issuance of warrants for '' rhinor traffic or criminal misdemeanor offenses? And if "a arrant is justified, is there any less-embarrassing . ...method to follow but to have the "suspect" handcuffed, "" becked into jail, fingerprinted and "mug shot" taken? FIRST, THE court procedures followed before a wrant is issued are adequate, to a point. -Various attempts are made to notify the accused that a tarrant for arrest is pending that payment of a cnation is overdue. This notification is usually done in tfe form of a letter from the court. LETTERS ARE mailed to the address listed on the citation, or taken from a current telephone directory. Usually this is sufficient. Occasionally it is not. dThe latter was the result of this series of articles dialing with warrants for arrest. JHE PERSON referred to in the first article lives in Bountiful. He was cited for having an expired inspection stfcker on his car and ordered to appear to make payment in Justice of the Peace Court in Farmington. JJTie alleged offender said he simply "forgot about the ct&tion" and payment was not made. 3UE JP Court, as is customarily done, sent a letter to ;; tg offender warning him that payment was overdue and tftat he must pay his fine or a warrant for his arrest will tfassued. Jhe defendant never received that letter. A court clerk ' verified that the letter had not been received because it ; Was returned to the court as an "incorrect address" for trie recipient. 3HE "offender" had since moved, but emphasizes that hjsiwas not trying to "avoid prosecution. " 1 gitiere then does the responsibility lay? What addi tional efforts can be made to settle a misdemeanor case without going to the extent of issuing a warrant for arrest? SENDING A "certified" letter instead of regular letter was suggested as one means of notifying the alleged violator. That would provide "proof" of receipt of the letter. But would the cost and additional paperwork be worth it? Courts today are already overloaded. Caseloads are several times what they should be. BOUNTIFUL Postmaster Nolan Birt said the cost for mailing a certified letter would be $1.40 each 80 cents plus 15 cents postage for the letter and 45 cents for return receipts. He explained that certified letters must be signed by the person to whom it is addressed no one else. IF TOE recipient is not at home when there is an attempt to deliver, a notice is left that a certified letter is awaiting him at the post office. After five days, a second notice is sent and after ten days a third notice. "PERSONS receiving the notice can call the post office and arrange for delivery on a requested date," said Postmaster Birt. "Persons who sign for certified letters usually take a lot more heed in the contents than a regular letter." He said Idaho (where he was a former postmaster) had "real good success" by using certified letters from the courts. BUT LUANN Cash, court clerk for Davis County Justice Jus-tice of the Peace John Stewart, said she does not believe the certified or registered letter would have any more impact or success than regular letters. "It would be expensive and not serve the purpose any more than a regular letter," she said. "If the address is incorrect, or the recipient has moved, a certified letter will not reach the recipient any better than a regular letter." THE ONLY advantage, she noted, would be that a signed receipt would be proof that the receiver had gotten the letter. "Otherwise, you can only assume that a letter not returned to the court was received and read by the recipient." Ms. Cash and former Bountiful Police Chief Dean 0. Anderson had similar feelings about "justice regarding persons who allegedly violate the law." "WE'RE NOT out to make it hard on the public we are serving the public," said Ms. Cash. "Despite the large number of citations we handle, each is treated in dividually." She emphasized that a person unable to make payment within the designated time may call the court and make other arrangements - within reason. "ALSO, PERSONS who can prove that they are unable I , to pay the fine will not go to jail," she said. "The judge will work with these individuals to pay the fine in payments or to 'work out' the penalty, if necessary." But this is not to say that you can't, or won't be sent to jail for refusal to pay a traffic citation. Refusal to sign a traffic citation as a "promise to appear in court" will result in the offender being arrested at the scene and transported to jail. MS. CASH said JP Court handles "several thousand" cases a year, the majority of them traffic violations, and at least 300 a month are for speeding. In addition, the court sends out more than 300 letters a month to notify residents of the area of pending warrants for arrest. "THUS, MORE than 75 percent respond to the letter and pay the fines before the warrant is actually served," she said. In Fourth Circuit Court of Davis County, Bountiful Court handles some 15,000 cases of all varieties a year North Circuit Court comprising Layton, Kaysville and Sunset handles approximately 17,000 cases annually. BOUNTIFUL Police Chief Larry Higgins and former police chief Dean O. (Gus) Anderson agreed that "police have responsibilities in the method in which they serve warrants for arrest, but the public also has responsibility - and obligation - to take care of citations before it reaches the warrant stage. " Mr. Anderson, a former police chief for 15 years said an excuse of "forgetting" to pay a traffic violation is not a valid reason. "Motorists have an obligation to pay the ticket in the designated time just as a police officer has a duty to carry out a warrant for arrest if that citation is not paid. "THERE MUST be adjustments on both sides " he said. "Offenders should have respect for the officer but the officer should also show courtesy and respect to the alleged offender, regardless of the charge " But the question of how to reduce the number of warrants for arrest and the method police officers should follow to carry out these arrests is still unanswered. POLICE officers unanimously agree that when an Tt'lTH. f0r any reason - 'he suspect should be placed in security for transportation to the il which includes using handcuffs. ' ' Most police agencies also follow the same routine for "booking" a suspect into jail, whether it be a misdemeanor or felony charge. SO IF you have a traffic or any other citation not vet paid, pay it now - or you may be arrested! .... ' |