I don’t get the first part of what you’re saying.
The answer to the second part, though, is that a witness needs to be there so s/he can be cross-examined. It’s not fair to have a witness for the prosecution that the defense can’t ask things of.
edit to add - I once backed into a car that I got cited for, but the cop out-and-out told me that he wouldn’t show up - the owner of the car could, but if my insurance covered it, did he really want to?
The case got dismissed.
A bedrock of our judicial system is the right to confront your accuser. When it comes to traffic tickets I doubt more than 1% are fought in court.
Ugh!:smack: I wasn’t going to chime in, but what the hell.
First, to the OP, the odds of the officer being bribed on the stupid piss ant case you’re talking about is impossible to none, so don’t fucking suggest that again!
There are a zillion and one reasons an officer doesn’t show up.
I’ve been sitting in circuit court waiting for my case to be called while a municipal case was getting ready to start. And vice versa. I can’t leave a court room for another case. That’s just how it goes. Circuit court and municipal courts, at least where I am, do not have their asses wired together! And neither cares about the other!
It’s rare but I have gotten calls @ 2pm on my day off by my Lt telling me I had court @ 3pm. First I’d heard of it and by 2pm on my off day I be shitfaced and silly!
I make an arrest in July, guy pleads not-guilty in September, and has a trial in November. If I had vacation the 3rd week of November and nobody told the Court Clerk, I’m not showing up. San Juan is awesome that time of year. Not my fault, I told everybody my schedule.
To intensify my point, there are a zillion reasons an officer doesn’t show, and it’s almost always the fault of the “system” not the officer. I want you to have all the justice you deserve. But sometimes it’s the system that fails you, not me!
pkbites,
That was nasty, rude and uncalled for. Why are you so angry and using such language with me?
Maybe you should take a deep breath and calm down.
Or is it your day off and you are “shitfaced” early?
You may be an officer but you are no gentleman.
Thanks, PK, for your service and your contributions to this board. You’re very informative about the workings of law enforcement and we all appreciate this.
Jake
Guys, it’s GQ. Can we keep it civil, please?
In my court, police officers typically will not show up in court because:
Bribery is extremely unlikely IMHO.
In my court, cops are not subpoenaed and will not appear for a defendant’s first appearance or arraignment (when the charges are first read and the defendant is advised of his rights). Cops might not even appear for a first pretrial before a judge after a not-guilty plea is entered, unless subpoenaed by the prosecutor. It is usually only when the case is set for trial that the cop will be subpoenaed and will then appear.
If a cop fails to appear after being subpoenaed for a minor misdemeanor (a charge that cannot result in jail even if convicted), the case will typically be dismissed. If a cop fails to appear after being subpoenaed for a jailable misdemeanor, the case will typically be continued (rescheduled), and the cop subpoenaed again. If he or she fails to appear twice of more, the judge or magistrate is much more likely to grant the defendant’s motion to dismiss.
Prosecutors who are pissed at no-show officers, esp. if it results in the dismissal of a case, will contact the cop’s supervisors and raise hell; others don’t bother. As with any profession, you’ll find that people just have different levels of motivation.
My father was a NY Police Detective for 20 plus years. The way it USED to work it that if you were called to court on your day off, you got double time and if you were called while working, it was a great way to kill a day and do nothing. They loved it and rarely missed a court date. However, if times have changed and they don’t get the same deal and there is no punishment for missing a court date, I don’t think I’d be so inclined to sit in a court house all day for nothing. Maybe the arresting officer needs a better union rep.
Moderator Note
pkbites and dflower, dial it way back. pkbites, you don’t need to be so rude; and dflower, don’t insult people in GQ even if you feel they have offended you. No warning issued, but both of you need to tone it down.
Colibri
General Questions Moderator
Yes I am sorry.
Yes, me too. I went overboard & flew off the handle by the bribe comment.
But we’re not in Mexico, you know.
Oh , and I’ve been working a 2nd/3rd power shift the last couple of months, so 2pm is actually midnight for me. I don’t change my schedule on my off days.
I thought you were retired?
You forgot death. One of our guys died of a brain tumor. Years later I was in court when someone showed up for a ten year old ticket issued by him. He realized he had to get the ticket taken care of to clear up his license. The judge was pissed. Yelled at him for waiting until the officer was dead. The ticket was dismissed. But he hammered him on the contempt for failing to appear for the ticket.
Yes. I shouldn’t mix jokes with serious questions.
The only two times I’ve gone to court to contest a ticket the officers didn’t show up. The judge heard my side of the story and said “just pay the ticket” - end of discussion. So I 've always assumed they only show up for important cases where their testimony is vital.
How long does an officer know ahead of time of these court dates? And who makes the call of whether his time is worth going to court? If an (alleged) jay-walker wants to fight the injustice, does the policeman who wrote that ticket get to decided or is there like a review board?
About 3 years ago I had a judge keep granting continuances to a defendant on a “serving an underage person” cite. I kept showing up for court and she kept granting a continuance. Like I’ve never seen before. Not only that, I’d keep getting court notices and then a few days later get another notice that the previous date has been rescheduled. This kept up over and over. I don’t know why she let this guy game the system like this.:mad: It’s actually rare around here.
I wrote the cite in August of 2010 and it didn’t finally come to trial until February of '12. Normally a cite in August '10 would have an initial in October and a trial in January '11. By the time it did go to trial I had gotten so many reschedule notices that I didn’t show up at the actual trial because of all the confusion and changes. I got a nasty phone call from the ADA on my cell. Judge was going to dismiss it. Yeah, for the defendant she’ll issue a multitude of continuances but not one for us.:rolleyes:
I told the ADA to tell the court I’d get there as soon as I could. She allowed the delay and while waiting for me the ADA somehow convinced the defendant to accept a plea. All this for a $400 ticket!:smack:
I wasn’t EVER going to get there on that day. I was over 350 miles away!
Whoa. Haven’t yet had a case dismissed because the cop died. Hope it wasn’t a pal of yours.
Former supervisor. Good guy. Health nut. Always in peak condition Then his mind was taken from him before he died. It was a very sad thing to see.
Loach, I am sorry to hear that.
Many decades ago I got a traffic ticket that I felt was unjustified. On my court date the officer did not appear. My case was dismissed.
Turns out that this officer had died of a brain tumor two days before my court date. While I was glad to have my case dismissed, I would rather have had the officer show up. He had a wife and two youngsters. They really needed him.
Recalling this still makes me sad.
The defendant was present and ready to go to trial. It’s not his fault that the prosecution dropped the ball.
The only thing that will keep an officer from getting in a bucket of trouble for not showing up is if he is scheduled to appear in two different courts at the same time. Normally, he’ll go to the court with the more serious offense. For example, if he wrote a bunch of traffic tickets that were all scheduled on Monday in municipal court, but also busted a burglar who got scheduled into district court on Monday, he’ll go to the district court.
I doubt bribery enters the picture on something as trivial as a petty theft case.
Is this based on your knowledge from being a cop, or just the truthiness of what you felt in your heart?