Here is the situation - X has been arrested for theft and the case goes to trial. The main witness is the arresting officer. But the officer does not appear in court. The case is dismissed. X is free to go and live in my neighborhood.
Is this common? Why did they not reschedule?
What would keep the officer from coming to court?
Could he have been bribed?
Is it this easy to get a case dismissed?
Yes I am unhappy that my neighbor is a thief.
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Yes, it’s common. Cops are busy sometimes. He probably thought he had something more important to do than testify in a petty theft. He might have been gambling that the case would result in a last-minute plea (as most of them do) so why take the time?
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Could he have been bribed? Sure. Is it likely? Probably not. We’re not talking about the mafia here.
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Yes, if the key witness doesn’t appear it’s very easy. Ask anyone who’s ever gotten a bullshit traffic ticket.
It not common as in “it happens every day,” but it certainly happens.
Usually relatively minor cases, not felonies.
I have heard from some local sheriff’s deputies who work the night shift that due to budget cuts they aren’t paid overtime for court appearances. They’re up all night, go to the court house, wait around for a few hours or more and the prosecuter and defense attorney reach a plea bargain minutes before the case is heard.
Also at issue is jury selection vs. agreeing to have the case heard before a judge only. A slick lawyer might realize that the arresting officer isn’t around and go for an immediate hearing before a judge.
Back when I was 20 yrs 11 mos 29 days old I got a ticket for underage drinking (technically a misdemeanor, but I wasn’t arrested.) The case was dismissed because the cop didn’t show up at court – the clerk told me that he literally didn’t remember writing the citation.
OK thanks. I see there are many situations that may have happened.
I just wish that the court system worked a bit better as Mr. X has been in jail 3 or 4 times and is a felon. One would think they would pay a bit more attention to his case than a first time offender say.
I admit that I just feel uneasy when he is out of jail and living near me.
They seem to have no problem filling the jails with drug users. Why are property crimes not a priority?
Your neighbor is not a thief. Your neighbor is a former suspect alleged to have been a thief. The fact that he did not plea bargain suggests that he thought he had a glimmer of innocence. Which might also have been the reason the officer did not show u p as a witness.
Take a number.
I would call the police chief and talk to him. Point out that this person is a convicted felon, with several previous jail terms. Ask him what his officer was doing that was more important than showing up in court to put this thief back into jail.
You might also call the ADystrict Attorney’s office and ask the same questions. And maybe your elected City Council member.
I’ve always wondered how the police get anything done if they have to go to court all the time. How many citations or arrests can they do if, for each one, they have to appear in person and wait around until the individual case is called? It seems like that would take 50% or more of their time. Am I missing something?
I appreciate that the officer who gave me a ticket needs to show up - I’m innocent. I can’t understand why he needs to appear for every ticket - the citation is his statement of what happened.
I actually got a DUI dismissed because the DA did not show up to prosecute me. The judge had the bailiff try and contact him and tell him he had 1 hour to get to the court. After an hour I stood up and asked the judge if I could have the charges dropped since the state didn’t seem to want to prosecute me. He did and I’d like to imagine that the DA got an earful from the judge when he finally showed up. 
Ask yourself how many times you’d show up to work on a Saturday without pay to sit around for three hours and then go home.
And then take a spin on your unicorn through the soda pop waterfall! Wheeeeeeee!
In other words, no one is going to care. I mean, I wish they would!
But they won’t.
Yes.
Maybe they did. Maybe they rescheduled, and the cop failed to show up, again.
I mean, if you can keep somebody in jail, indefinitely, just by not coming to court, there’s not much point in coming to court, is there?
Almost anything.
No. Not unless your neighbor’s Tony Soprano.
Yes.
Sorry. It might help to know that he’s probably not the only one. The others you just don’t know about.
You understand why he needs to show up for your case, but not anybody else’s? I’m pretty sure you’re joking… right?
You might be surprised.
Indeed, I would be.
eta: just in case it wasn’t clear, I really really wish we lived in a world where complaining to cops about cops did any good. If the OP decides to try it, I wish them all the luck in the world. But in my experience, it doesn’t matter, and the most that will come of it is that the police will harass the OP. I do not support this system, I just live in it.
“Mr. X has been in jail 3 or 4 times and is a felon”
OP, yes, you may get someone to care. But not about the Officer not showing up. That’s a sure way to get the Blue line to firm up. There’s also a fairly good chance the Officer had a really good reason for not showing up, like he was rolling on a F-stop at the time or something.
Instead, talk to your local *elected *officials about getting extra police activity in your area, parole checks, possibility of re-filing, etc.
Most tickets don’t end up in court, because the person who got the ticket doesn’t want to waste their time going to court any more than the cop does. So they pay the ticket, even if they think it was unfair. So instead of spending a whole day at the courthouse they go to work instead.
Even for arrests, most prosecutions result in a plea bargain where the defendant agrees to plead guilty to a particular set of charges rather than roll the dice on a trial.
So going to court to testify is a regular part of many cops jobs, but it isn’t the majority of their job.
I can only speak of what happens in my department. And there are really two totally different sets of circumstances. Municipal court and county court.
In both cases we do not get the subpoena directly so a supervisor may be to blame for misplacing it.
County court is for more serious crimes. It is very unlikely for a cop to just not show up. A trial at the county level is relatively rare. If it gets to that point the Assistant Prosecutor will be coordinating the witnesses. That includes calls to the PD to confirm and probably pretrial conferences. The AP will know if there will be a problem well before the trial. I have seen a postponement due to illness of a cop. The judge ordered him to bring in a doctor’s note. If there was another delay the case would have been thrown out.
Due to budget cuts in municipal court we are not allowed to go to court on first appearances like we used to. So if you show up demanding your right to a trial on your traffic ticket you are going to go home disappointed and have to come back. They then send out the subpoena to the cop for another trial date. If he doesn’t show up for that there will probably be one postponement but it could get dismissed. It happens rarely because the subpoenas are tracked and you can get in trouble for not showing up.