Both judge and prosecution did not show up for court?

UPDATED: Oct 1, 2022

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Both judge and prosecution did not show up for court?

Okay this is going to sound weird, but I had a court date after receiving a speeding ticket and both the judge and the prosecuting officer did not show up. I am 100% certain I was at the right time and place because the county clerk confirmed it, and said that the judge was on vacation and the cop just didn’t bother to show up. Apparently when the officer gave me my ticket, he intentionally picked a day that he knew neither of them would be there because he was so certain that I wouldn’t show up that it would be an easy win for them. The reason he was so certain is because I had an out of state driver’s license for a state that is 8 hours away from where we were. But I go to school part-time 2 hours away from where we were which is what he didn’t know and drove 2 hours at 7 am and skipped class and work to be at this court date and then neither the judge or prosecutor decided to show. I am wondering what my options are because I cannot afford the gas to make another 4 hour road trip nor can I afford to miss class or work because I am struggling just to make ends meet. Can I demand that they dismiss the case, for lack of prosecution or lack of judge if that is even a thing? And there was no notice sent to me at my address, confirmed by the clerk.

Asked on September 13, 2018 under General Practice, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, unfortunately, a case is essentially NEVER dismissed for lack of prosecution on the first "return" (or hearing/trial) date. Instead, you have to *after* the first delay or missed date request at the next hearing, if it is not heard or progresses then, that it be set to be dismissed if not heard on the *next* date after that. For the first missed date, they will almost always jsut reschedule. 

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