Legal Question in Criminal Law in Georgia

Dismissal of case with no appearance of witness

In Sept I was cited and ordered to appear in court in November. I attended court and the policeman citing me was absent, in fact no longer working with the city police dept that cited me. I demanded a dismissal however the judge refused, ordering a second date after the baliff stated the policeman was never sapeoned (spell check). The judge would not hear my case and refused to dismiss.

My question, is this legal. I understood if the citing policeman was not there, the case should be dismissed for lack of evidence. Why am I being forced to return, a month later inturpt my children's evening to appear a scond time when the court failed to do their job.

What is my recourse? Can I ask for a public defender and demand a jury trial?

The case is un-important, a simple traffic violation which I am not guilty of. The policeman said I crossed the double yellow line, which I admit I may have done however the traffic stop was literally 5 minutes after leaving the emergency room with my 8 year old son who encountered a major trama to his eye!! My power steering went out on my car and it was very difficult to turn the vehicle. It has since been repaired however my son's eye is still being treated.

Can you help?? Thx


Asked on 11/02/05, 9:33 am

1 Answer from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: Dismissal of case with no appearance of witness

Yes this is legal. The court (judge) has wide discreation in granting a continuance. Typically, if an officer is supeneaed and is not present twice the court will dismiss the case. You will have to return but will probably get a dismissal next time but it is possible that there is another continuance. Asking for a public defender is your right, but it will only slow the process if the officer is not there.

Read more
Answered on 11/02/05, 9:54 am


Related Questions & Answers

More Criminal Law questions and answers in Georgia