I was shocked to receive a call from the magistrate telling me a had an order for arrest for missing a court date that was earlier then the date given at my continuance. Apparently the date was moved as requested by the officer the date he requested was a week earlier then my date and the only notice was one phone call to a disconnected number on the same day I was to appear the 16th of may is this legal? and if so how was i to know which date to appear?
You may be able to talk to the magistrate and get the case set back on. They understand the process doesn’t always work, especially if someone from the court gave you the explanation you gave here. If that doesn’t work out, definitely contact local counsel. I’m not in your county, but looks like you have one response already from someone who is. Good luck!
I am not in Guilford County so I am not the lawyer to help you, but in answer to your question: No, it is not legal. Many things are done in the name of the law that are illegal. At least in your case it sounds as if it is more likely a mistake rather than a government official deliberately breaking the law. A Guilford County lawyer ought to be able to get your order for arrest recalled and get you a new court date. If you can’t afford a lawyer write a letter explaining what happened and send one copy to the DA’s office, one copy to the Chief District Court judge (if the case is in District Court or Magistrate’s Court) or to the Senior Resident Superior Court judge (if the case is in Superior Court) and file one copy with the Clerk of Court. Keep a copy for yourself and keep it on you in case you are arrested. Be sure to ask in your letter for the recall of the order for your arrest. Include your case file number, the date you were last in court, the court date you were given for returning to court, and your mailing address and telephone number.