QUESTION
What happens if niether the officer nor the motorist show up to court?
Asked on Sep 20th, 2012 on Criminal Law - Florida
More details to this question:
I missed my scheduled hearing, as it was the fourth date given to me the first time I postponed it the second and third time it was postponed "administratively" I ran my driving abstract two weeks after the scheduled hearing and it shows my record still being clean with no convictions or suspensions.
11 ANSWERS
The cop doesn't have to show up if you're not there, because a warrant gets issued for your arrest.
Answered on Jun 27th, 2013 at 9:17 PM
Leonard A. Kaanta
If neither showed the case would be dismissed.
Answered on Oct 02nd, 2012 at 9:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I would only be able to guess. Go to the court and check with the traffic clerk.
Answered on Sep 27th, 2012 at 4:46 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No prosecution witnesses for trial means grounds for a dismissal, if you are there to ask for it. That isn't what you described. I would have guessed you have an arrest warrant for failure to appear on a misdemeanor or felony, or a conviction by default if this was a traffic ticket.
Answered on Sep 23rd, 2012 at 1:12 AM
Michael Paul Vollandt
Well maybe the Judgedismissed the case becasue no one really gave a damn. I have never had the oppertunity to see that hapen when I was at court, You shold double check at the court clerk's office.
Answered on Sep 23rd, 2012 at 1:11 AM
Michael J. Breczinski
I would check with the court to find out what is happening on the file. If you do not they may default you.
Answered on Sep 23rd, 2012 at 1:10 AM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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It depends on the hearing officer/judge; some would dismiss the case while others would suspend your license for failure to appear. You should ask the Clerk of Court for a copy of your disposition.
Answered on Sep 20th, 2012 at 2:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the case against you cannot be proven it should be dismissed.
Answered on Sep 20th, 2012 at 2:13 PM
Generally, when a defendant fails to appear at a hearing, the court will issue a warrant for the defendant's arrest. It would be a good idea to contact that court and find out if a warrant was issued, and if so, attempt to schedule a time at which you can appear. If you do so, especially for minor offenses like I assume this is, the court will recall the warrant when you appear.
Answered on Sep 20th, 2012 at 12:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You move to dismiss and the case gets dismissed.
Answered on Sep 20th, 2012 at 12:13 PM