If the police officer does not show up for the motion to quash hearing, does the case get dismissed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the police officer does not show up for the motion to quash hearing, does the case get dismissed?
Asked on January 7, 2016 under Criminal Law, Illinois
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The best answer is "it depends" on what you are seeking to quash, how you are seeking to quash it, and if there are any agreed facts.
If you are seeking to quash a charging instrument because the wording is defective, then the officer does not need to be present.
If you are seeking to quash a search for being illegal, the officer may need to be present to explain why he did or did not do something. In this case, the officer would have to be present... and the state's failure to develop evidence could result in the exclusion of evidence and thus a dismissal of the case.
If both sides agree on certain facts... but they only disagree whether the actions were illegal... then the court can hear a motion based on the agreed facts and just hear the legal arguments by the attorneys. In this situation, the officer would not need to be present.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.