I was charged with a misdemeanor, but the court messed up and sent the misdemeanor complaint to a wrong address. Never receiving it, never appearing at the court, they then created a warrant for my arrest, which they sent to my correct address, and I did receive, with $1000 bail amount. I then appeared in court, showed the judge the court messed up (the court found their letters to a wrong address), and she quashed the warrant and removed any bail payment. However she gave me various release conditions, removing various rights (e.g. no firearms). I then asked the judge, if you remove these rights, can you show me the basis for the charges, the discovery evidence against me. She could not, and had no idea of how to get it, even stating this is an unusual request. Perhaps this is because of the way their address mess-up resulted in a warrant for my arrest. To me this is wrong -- my rights should not be removed in a situation like this, alleged harassment, without providing me any evidence against me.

My question is, how would it have gone differently if they sent the misdemeanor complaint to my correct address, and I appeared, and the state had requested certain release conditions while filing the complaint (which they did, at time of filing the complaint). What typically happens at the first appearance of a complaint? Are they allowed to remove your rights, without providing you any discovery evidence?

--- I added two comments, that ideally help advance the discussion ---

  • Addition: I learned/experienced, that the judge has the power to apply the release conditions from the prosecution's list that she wants. E.g. I complained about no alcohol ... "I can't even have a glass of wine", and she goes, "I don't know if alcohol was a factor in this case." I confirmed to her, "it's not, I never made personal contact with this person, just sent them some strong text messages." SO, WHAT I'M WONDERING WITH THIS COMMENT IS: if the judge doesn't see the evidence against me, how can she intelligently make decisions on the list of prosecutor requested release conditions? – user9008471 Oct 2 '18 at 6:31
  • ... finishing ... so, shouldn't she have the discovery evidence, just to be able to intelligently make release conditions? Seems a little messed up, even for the typical case, unless I'm not getting how things typically go either. I have no experience in these matters. – user9008471 Oct 2 '18 at 6:32

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