Police Officer Not in Court

In most criminal cases, if the officer fails to appear in court on a court date, your case will not be dismissed.  A DUI case, driving on a suspended license case, are misdemeanor case.  Both misdemeanor and felony cases require that you are provided with a trial within 160 days, 140 days if your in custody (jail).  This time requirement is only applicable if your attorney has filed a “speedy trial demand.”  A speedy trial demand is a formal notice to the judge and the prosecutor that you are going to require a trial in the 160 or 140 period.  Therefore, the officer not being in court on the first court date is not necessary that important.

However, if you are charged with a felony and the officer does not show up on the preliminary hearing date, there is a chance that the case will be dismissed.  Fewer and fewer prosecutors use a preliminary hearing and prefer to use a grand jury as the arresting officer does not need to be in court and is not subject to cross-examination by your defense attorney.

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