If the police officer who wrote me my court summons does not attend the court hearing, does the case get thrown out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the police officer who wrote me my court summons does not attend the court hearing, does the case get thrown out?
When the police officer wrote me my court summons earlier tonight (due to underage possession of alcohol) he told me that we would be unable to attend the court hearing he scheduled me for. Since I have the right to face my accuser in a court of law, doesn’t this mean that the case will be dropped and the police officer just meant the summons to be a warning?
Asked on August 26, 2012 under Criminal Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you were given a criminal citation for having possession of alcohol as a minor by law enforcement and the citing officer fails to attend the presumed trial of your matter as opposed to the arraignment, then the court is obligated to dismiss the charge against you due to the prosecution not being able to present its case in chief against you at trial.
Just because the citing officer fails to appear in court does not mean the citation was issued to you as a warning.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
There are several things that could happen:
1) Court be adjourned to a different date, that the officer can appear at it.
2) If charges are dropped, they may be dropped without prejudice--that means they could be re-filed against you.
3) Or charges would be dismissed with prejudice, so they will not be reinstated.
Therefore, while there is a chance this will result in the dismissal of charges against you, that's only one of several possible outcomes.
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.