Officer no show in court?!?!?

[CdwJava]

I suppose it never occurred to you that the officer might also have a valid reason for not making it ... you know, like getting stuck on a call on the way in?

I once had to respond to a near fatal collision on my way to court ... it wasn't my call, but I was passing two blocks from it, and the nearest unit was a few miles away. Sometimes it happens.

And we also have to sit through court when the defendant is a no-show and WE get called back ... granted, the overtime is nice, but most the time I have better stuff to do with my day as well than to sit around waiting for my case to be called only to find that the defendant is a no-show.

- Carl

 

[aliljet]

I suppose it never occurred to you that the officer might also have a valid reason for not making it ... you know, like getting stuck on a call on the way in?

I once had to respond to a near fatal collision on my way to court ... it wasn't my call, but I was passing two blocks from it, and the nearest unit was a few miles away. Sometimes it happens.

And we also have to sit through court when the defendant is a no-show and WE get called back ... granted, the overtime is nice, but most the time I have better stuff to do with my day as well than to sit around waiting for my case to be called only to find that the defendant is a no-show.

- Carl

If there was a valid reason, I'm more than happy to forgive the officer. I don't care what happens with the officer frankly, he could show or not show, or care -- or wateva, that's all up to him.

This is what I do care about -- I wasted my day today, which cost me more than the ticket itself, and when the cop didn't show, it was as if nothing happened. The judge made my entire the day the equivalent of him sending in a piece of paper showing that he couldn't make it.

There's some VERY wrong with that kind of situation. And don't get me wrong, it's not about the cop, it's about me.

I got screwed, and there will be no repercussion for the cop wasting my time, the court's time, and everyone else related. Had I missed the trial, **** hits the fan.

 

[CdwJava]

It really depends, I suppose. I've seen cases trailed or continued for a no-show by the defendant and I have wasted MY day for that. I have also seen officers in my former agency slammed for missing court dates without a valid reason. The San Diego County Courts (at least ourt traffic branch) used to send lists of no-show officers to my Chief ... and then there was heck to pay!

Where I work now, the clerk or the judge simnply calls my Chief and tells him that the officer was a no-show ... needless to say we get an almost 100% attendance rate for subpoenas.

I know it's frustrating. Years ago I was in your position (when I was much, much younger) ... but, believe it or not, it IS a two way street. The difference being I get paid for my attendance.

- Carl

 

[aliljet]

It really depends, I suppose. I've seen cases trailed or continued for a no-show by the defendant and I have wasted MY day for that. I have also seen officers in my former agency slammed for missing court dates without a valid reason. The San Diego County Courts (at least ourt traffic branch) used to send lists of no-show officers to my Chief ... and then there was heck to pay!

Where I work now, the clerk or the judge simnply calls my Chief and tells him that the officer was a no-show ... needless to say we get an almost 100% attendance rate for subpoenas.

I know it's frustrating. Years ago I was in your position (when I was much, much younger) ... but, believe it or not, it IS a two way street. The difference being I get paid for my attendance.

- Carl

The problem I see with that is that the defendant, in traffic related incidents, as far as I saw today for my brief glimpse into the system today -- never gets any leeway. The system is hell bent on screweing the defendant, and any way that can happen, the judge and prosecution get a giggle.

That's what's frustrating. Oh well. I know it sucks on the other side too, but the court system just seems somehow antiquated -- or badly applied.

 

[cjoeb]

without any input on my part. \

are you staying that you just stood there and said and did nothing???? you have to step up and assert your rights under the appropriate statute.

in NM, you would say "your honor, i wish to make a motion to dismiss for failure to prosecute" "ftp" is the term used when the officer doesnt show for court and, here in nm, is always granted.

 

[aliljet]

are you staying that you just stood there and said and did nothing???? you have to step up and assert your rights under the appropriate statute.

in NM, you would say "your honor, i wish to make a motion to dismiss for failure to prosecute" "ftp" is the term used when the officer doesnt show for court and, here in nm, is always granted.

I did, very clearly say, "I'd like this dismissed." I'm not a lawyer, so I wasn't familiar with that specific term, nor did I say it, but the judge very clearly said, "there will be no dimissial here, either you'll plead guilty now, or we'll have this continued."

Also, I asked, "is there anything else I can do here?" The Judge happily responded, again, that I could plead guilty.

My scheduled time to appear in court is stupid too .. she didn't allow me to figure out when my spring break was so I could schedule my court date at a time I'm down from college which is 4 hours away. I had gotten my first continuance for that reason alone -- and this time around, it's highly likely that my new court date will coincide with my midterms this semester.

This judge was an ultra douche. Too bad I didn't know I should've said "ftp." =(

Is there anyhting I can do after the fact?

 

[aliljet]

Can I motion to dismiss .. by mail or something? I think I've been wronged .. this failure to prosecute thing makes a lot of sense.

 

[Facekhan]

In Montgomery County Maryland the local papers ran an article a few years ago showing that 1/3 of traffic cases were dismissed because the cop did not show up. So depending on where you live you might have as much as a 1 in 3 chance of getting off. Unless you really feel like you were innocent or your fine is big or your license is going to be suspended because of the points there is not much reason to contest it as its just going to take time out of your day and aggravate you with the long wait.

A traffic ticket is essentially an arbitrary tax. Everyone speeds, everyone rolls stop signs, and in the case of my first ticket, everyone ignores do not enter between such and such times when the sign is bent over and graffittied in the worse part of SouthEast DC. Low and behold a cop on a bike started a traffic jam trying to pull over 30 cars at once.

 

[NWO]

The officer will be there. Your job is to come up with a defense for anything that may come up at the trial.