What happens if the cop doesnt show up to court for a DUI case?
my boyfriend went to court and the cop didnt show up. He has to go back. What if the cop doesnt show up for a second time?
Best Answer :
The case will be continued. Police Officers are required to appear. If the Officer isn't in court, it's because he was excused.
Other Answer(20) :
Doesnt matter you still have to show up
they will make him come back again
i think they drop the case….not sure.
if cops don't show up for any kind of court dates the case is thrown out unless the state picks it up
There needs to be a good reason for them to extend the docket… which there had to have been.
If in the unlikely event the officer doesn't show up again, with out court excepted excuse, ask for a dismissal.
His defense lawyer should have moved to dismiss, assuming the cop was the only witness.
He did have a defense lawyer, right? I mean, DUI is a criminal offense you now.
you go out and get drunk…regardless
In most cases, in most US venues, that is.. if a cop doesn't show for ANY traffic case, a very angry judge throws out the charges
It doesn't matter its not treated like a regular case. It completely different pray they compeletely lost your file lol. but that just doesn't happen since the states attornys are punks like that
More than likely the cop will show up the next time. I was supposed to go to court today for a DUI case and I didn't go, but I will next time they subpeona me.
They have to show up for those cases, it's part of their job. IF the officer can not show up it will be rescheduled.
If the officer doesn't show up again, you should request a dismissal. Your chances of getting the dismissal seem to be excellent, without knowing specific details. If you are dealing with a simple FIRST TIME DUI, that involves no personal or property damages and doesn't involve flight to avoid arrest or resistance of arrest, my money would be on YOU. Good luck!
IF A POLICE OFFICER DOES NOT SHOW UP FOR COURT, HE HAS ALREADY SPOKEN WITH THE JUDGE AND MADE ARRANGEMENTS FOR SOMEONE TO COME IN HIS PLACE, WHICH IS UNLIKELY, OR THE CASE WILL BE CONTINUED FOR A LATER DATE.
A DUI WILL NOT BE THROWN OUT OF COURT. IT MAY TAKE 2 YEARS TO FINALLY GET A RULING BUT BE ASSURED THAT YOU WILL HAVE A COURT DATE AT SOME POINT IN TIME.
IF YOU ARE TRYING TO GET OUT OF IT MAKE SURE YOU HAVE A DARN GOOD ATTORNEY AND A LOT OF CASH, BECAUSE THIS IS A SERIOUS OFFENSE AND NOT TAKEN LIGHTLY.
GOOD LUCK, JACKIE B
I'd almost bet that the cop will show up at the second hearing.
Im pretty sure in this state the case would be tried and the cop will show up next time.
I think that means it is time to celebrate. Have your BF get trashed for the next court date and tell the judge he has had enough of the legal crap. He might want to practice being mouthy and loud so he is sure to get his point across in court.
These are games that the DA loves to play in order for you just to give in and enter a plea of "no contest". If this has been dragging on for sometime now, chances are that they never even subpoenaed the officer…there just telling him that.
If and when the DA is ready to go to trail, the officer WILL show up…believe me I've gone through that many times and WON every one of them. If your boyfriend happens to go to trail, present as many witnesses that can testify that he wasn't intoxicated that day or night leading up to his arrest. The more you have, the better your chances. Good Luck!
The DWI Killer
The officer is granted one EXCUSED absence per case. If he does not show up the second time, excused or not, it is grounds for dismissal. This is of course if you are fighting the case. If you have given any statements of guilt, then no police officer would have been needed in the first place.
If this was the initial appearance the officer does not have to show up. The defendant just enters a plea. If the plea is not guilty then a trial date is set and the officer is subpoenaed to court for the trial. Lawyers usually drag this process out by asking for continuances for a number of reasons.
If your boyfriend has a "top" defense attorney then his lawyer should have told him what was going on instead of having to come on Yahoo! Answers.
The relevant law is the Constitutional right to a Speedy Trial. See, Bill of Rights. His lawyer will know all about this. It is one of the easiest ways to get a case dismissed permanently.
Whether the case can be dismissed depends on the jurisdiction. Where did this happen?
In New York State, the prosecutor has to declare that he or she is Ready for Trial within ninety days if the charge is a misdemeanor like a first charge of DWI.
If this does not happen right away the prosecutor is looking at pre trial readiness delay which will get the case dismissed – no exceptions. Readiness is declared either in open Court or with a written notice served on the Defendant and filed with the Court. If the police officer is not there, an open court declaration might not fly and you could argue against the validity of the written notice if there is one.
If the readiness was stated, you can still argue for dismissal but such post readiness dismissals are harder to come by.
Other states just require the trial to happen within a certain period of time. In New York, the prosecutor has the burden to prove that trial readiness was declared and it is a strict rule. If it was not done within 90 days, the case is dismissed period.