Court schedules date for arraignment, judge and prosecutor don't show

[Sloop John D]

What is the name of your state (only U.S. law)? California

A friend received a ticket for a misdemeanor violation of a city municipal code. The ticket has an arraignment date on it, scheduled for next week, but the defendant has the option of going online and selecting a court date that is earlier. My friend went online and scheduled a court date for last week, and he received a confirmation indicating that the court date had been moved. However, when he showed up to the court on his scheduled date and time, both the judge and prosecutor were absent. The clerk told my friend that he needed to return on the date scheduled on the ticket.

Does anyone know if the judge and prosecutor's failure to appear on the court date allow for dismissal of the charges?

 

[tranquility]

What is the name of your state (only U.S. law)? California

A friend received a ticket for a misdemeanor violation of a city municipal code. The ticket has an arraignment date on it, scheduled for next week, but the defendant has the option of going online and selecting a court date that is earlier. My friend went online and scheduled a court date for last week, and he received a confirmation indicating that the court date had been moved. However, when he showed up to the court on his scheduled date and time, both the judge and prosecutor were absent. The clerk told my friend that he needed to return on the date scheduled on the ticket.

Does anyone know if the judge and prosecutor's failure to appear on the court date allow for dismissal of the charges?

No. The arraignment is to inform the suspect of the charges and his rights as well as to accept a plea. While there are rules as to when an arraignment must be held if the suspect is in custody (Because of bail rights.), they are flexible if the suspect is free. If he doesn't show up at the date listed on the citation, it is possible a warrant will be issued.

There is no provision I see for such a situation as described causing a dismissal of the charges. They can arraign at another time with notification. I suspect they will consider the citation date as notification although if a warrant were issued, I could see an argument against the additional charge of failure to appear.

See also:
http://www2.courtinfo.ca.gov/protem/pubs/bg52.pdf

 

[Sloop John D]

Thanks tranq.