Does my case get dismissed if arresting officer does not show to my preliminary hearing?

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Does my case get dismissed if arresting officer does not show to my preliminary hearing?

My charges are harassment. I have been told by public defender that if the arresting officer does not show to my preliminary hearing, then we can assuredly get the case dropped. Is this true? I am concerned that by agreeing to preliminary hearing, I bypass plea offers with DA and we end up in trial. If it is true that case will be dismissed if arresting officer does not show, then I would do that, as I am aware that the arresting officer has no intention of showing in court.

Thank you for clarification on this stick point.

Asked on August 10, 2016 under Criminal Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While they *may* dismiss if the officer does not appear at the preliminary hearing, they are not required to dismiss; the court legally could adjourn the case to a diferent (later) date, especially if there is some reasonable reason for the officer not showing: couldn't get shift changed, wasn't provided adequate notice, previously scheduled vacation day, etc.


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