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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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