Why do I have to comeback to court if the other party did not show?

Get Legal Help Today

 Secured with SHA-256 Encryption

Why do I have to comeback to court if the other party did not show?

I hit a parked car and left. minutes later I was pulled over by a cop and the owner of car. I was given 2 tickets – 1 for leaving the scene and 1 for hitting a parked vehicle. The owner of the vehicle and I met before court and I paid him for the damage I caused to his vehicle, so he decided not to go to court. I went to court and he wasn’t there like he told me but the officer was. They called my name did not ask any questions or let me say anything; they simply told me that I need to get a lawyer for this case and comeback to court the following month. Why is this case still going? Who am I fighting this case against?

Asked on February 6, 2017 under General Practice, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are "fighting this case" against the "state": that is, the government. The government is looking to punish you to enforce the driving/traffic laws, including the legal obligaion to drive safely (by definition, you are driving unsafely if you hit a stationary vehicle) and to not leave the scene of an accident. The other driver is only a witness to the case: the case is brought by and under the control of the government (e.g. the prosecutor). The other party therefore was there: the government is there. The case will not be dismissed because a witness to it did not show.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption