How many times can the arresting officer not show up for court?

My husband was arrested for resisting a
public officer and has been to court
four times, having to miss work each of
those times and the arresting officer
has yet to show up. Do we have any
legal rights concerning this?

Asked on September 25, 2016 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no hard and fast upper limit, but judges do take consideration of the burden on the accused, Your lawyer should make a motion to the court--it is best will be done initially in writing, but then followed up on orally at the next appearance--for the case to be "tried or dismissed." The judge can order dismissal at the next hearing or, more likely, will give the state (the prosecutor and police) one more try/date, and if the don't show up then, dismiss.


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