If the arresting officer fails to show up 3 court dates in a row can the defendant ask for a dismissed case?

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If the arresting officer fails to show up 3 court dates in a row can the defendant ask for a dismissed case?

I’m being charged with under aged possession of alcohol and the past 2 court date the officer has not appeared with my 3 court date coming up. If he fails to appear once again should the case be dismissed by default? Do I have to right as the defendant to request the dismissal or not?

Asked on August 28, 2012 under Criminal Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Many times court unilaterally dismiss a criminal action against a defendant particularly for a relatively minor offense such as yours when the prosecution cannot present its case. I would have your criminal defense attorney insist that the charge against you be dismissed if the citing officer fails to appear in court for trial the next time.


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