March 8th, 2010
What if a law officer does not show on court date?
In the US, Alabama specifically, what happens if you have a court appearance scheduled (juvenile court but felony charges) and the officer/investigator does not show for this court date? There was no notification of postponment and it was on the docket for that date. The investigator was out of town on vacation so they just rescheduled the hearing. I have been told that they have to throw it out but the attorney did not say anything about it- just that they were going to reschedule because the charging investigator was not there. I need this answered ASAP as the next court date is in 6 days (Of which I have not rec’d any notification of but had to call and find out myself). I need links to any answers if anyone can help with this. It is keeping my honor roll senior out of her regular school and in an alternative school until this can be resolved.
March 8th, 2010 at 8:32 pm
Talk to your attorney ASAP because I have always been told that if the law officer does not show up at the appointed date of the hearing, that the case is dismissed!!!!!!!!!
March 8th, 2010 at 10:26 pm
You should talk to your lawyer about this one. Ask why he didnt ask for a dismissal or if a dismissal is possible.
March 9th, 2010 at 3:25 am
this is obviously not just a traffic ticket.?
March 9th, 2010 at 5:13 am
here in my state they will give the officer 2 or 3 chances to show before they dismiss it. a lot of times it just depends on the charges, the judge ,the prosecutor ,and how good of an attorney you have. call your attorney and discuss it with him or her. that’s what they are for. if you have a court appointed attorney GOOD LUCK THEY TEND TO Do WHAT THE COURTS WANTS NOT WHAT IS BEST FOR THEIR CLIENT
March 9th, 2010 at 6:31 am
The fact that your attorney did not ask for a dismissal leads me to believe that a postponement was permissible at least once. I would think if they did not show up the second time a dismissal would be granted. I would think your attorney would know all the answers you are seeking.