My girlfriend was pulled over and arrested with 5 counts. The next night the cop was shot and killed(very tragic story) with out him to testify will they have to drop the charges. What happens in a case like this. Need your input please
2006-12-05 11:39:38 · 18 answers · asked by connie k 2 in Politics & Government ➔ Law Enforcement & Police
Once you're arrested, you don't just walk away. They can work with his reports, or pass them on to another cop to proceed with. It won't be as adequate without his testimony, but the loss of the cop could provoke the prosecutor into really pushing this, just on principle.
Your girlfriend might get lucky this once, but don't count on it happening again. Tell her to get her sh--- together. My husband has been in federal prison for 26 years, and this is a horrible way to live. There's nothing glamourous (forget Prison Break) about it. Women in prison especially have a difficult time because of the male staff.
Might be a good idea for you to lose this "friend' before you go with her. There's nothing cool about living this way.
2006-12-05 12:52:53 · answer #1 · answered by His Old Lady 3 · 0⤊ 0⤋
Too many holes in the information. If your girlfriend had warrants for her arrest then it would have nothing to do with the officer. The demise of the officer does not vindicate your girlfriend from guilt. Further if she was arrested and taken into custody she will have to appear for a court hearing at which time the judge will deliberate the charges and issue a sentence pursuant to the charges and only if the charges indeed rely on the officers sole testimony can the charges be dismissed. If the officer collected criminal evidence then the evidence itself can be permissible in court as proof of guilt. You will need to have a top notch attorney to initiate the dismissal proceedings or show cause to drop charges.
2006-12-05 12:06:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Good Lord, if I was required to testify at every case I would never see the street again. Once my report is in, the prosecutor takes the case. I don't necessarily have to be there. I show up for probably 10% of the arrest I make. The rest of the time it's not required.
2006-12-05 12:57:35 · answer #3 · answered by spag 4 · 0⤊ 0⤋
nicely, the alternative to prosecute belongs to the district criminal professional, no longer you. If he subpoenas you, and you do no longer take place, a warrant would be issued on your arrest. in case you're arrested, dropped at testify, and you nevertheless refuse, then you definitely would be held in contempt of courtroom and jailed till you do testify. ** observe: it particularly is a commonplace talk of the priority count of your question and not criminal suggestion. community rules or your particular subject would replace the final regulations. For a particular answer on your question you will desire to hunt for suggestion from criminal suggestions with whom you may talk each and all of the data of your case. Answering this question would not point out an criminal professional-customer dating. **
2016-10-14 02:38:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It can still go to trial, depending on what other evidence they have against the arrested person. If key testimony depended on the cop who was killed, then the prosecution has some serious problems proving the case.
2006-12-05 23:08:11 · answer #5 · answered by WC 7 · 0⤊ 0⤋
not thrown out, all the evidence from the videocamera and microphone recorder along with the dipatcher the officer was talking with during the incident. The case without the officer will be easier to defeat without the main character witness, but i guarentee it will not be dropped. It will most likely go to trial, and when the DA gets the case they will see that the character witness is dead, they will plea bargain out of trial.
2006-12-05 12:53:40 · answer #6 · answered by kyle_presley2002 2 · 0⤊ 0⤋
It is my understanding that the Cop would of had to fill out a report on the incident before he could leave his shift. I think it's possible based on that, that the D/A will still pursue the case.
2006-12-05 11:51:06 · answer #7 · answered by Plain Jane 3 · 0⤊ 0⤋
Generally, just what you would expect. Without your Consitutional right to confront/cross-examine the accusor, the case may need to be dropped. The exception would be if there is evidence other than the officer - say a domestic assault (husband clocks wife or vice-versa). Nothing says the arresting officer has to be the one to prosecute you.
2006-12-05 12:21:11 · answer #8 · answered by Mike S 1 · 0⤊ 1⤋
If there is evidence to show that your girlfriend was charged with five counts and if the PO-lice filed it with the DA's office, Things will go on as if nothing happened to the officer.
2006-12-05 11:44:12 · answer #9 · answered by docie555@yahoo.com 5 · 0⤊ 0⤋
If there is a strong case, the state can pursue the charges and use the police officers report since he is not available.
2006-12-05 14:14:33 · answer #10 · answered by mikey 3 · 0⤊ 0⤋