To: Candor7
As a practicing lawyer for over 20 years, with 10 of them as a District Attorney, I can say, failing to appear, and not notifying the court by telephone, or having another prosecutor show up and give an explanation will almost always get a case dismissed. This happens most anytime a lawyer fails to show. It may seem harsh, but if a case is set for trial, and no one shows up to prosecute the matter and/or no one shows up to ask for a continuance, most any judge would dismiss the charges. I have no bone to pick with the judge. The prosecutor should be slammed though. Failing to show up for court is unthinkable.
74 posted on
06/19/2006 6:07:25 AM PDT by
yukong
To: yukong
I agree with you, but as you know from your long years of practise, at times intervening events can happen in rare instances where a prosecutor cannot get to trial court, a car accident,or a summons from a court of superior jurisdiction to that of the the trial court. I am surprised that there was a 45 minute delay before the judge dismissed, that is a long wait, especially without any contact from the prosecutor. In Canada where I practised in the early 80's,I had witnessed several such instances and not all of them resulted in a dismissal of charges. In this instance I assume the judge did what she had to in the circumstances, and it may be that this prosecutor has a habit of running late. He may be out of a job.
97 posted on
06/19/2006 11:22:08 AM PDT by
Candor7
(Into Liberal flatulance goes the best hope of the West, and who wants to be a smart feller?)
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