WHAT ARE THE CONSEQUENCES IF A POLICE OFFICER FAILS TO APPEAR IN COURT?

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OTD Legal Services

OTD Legal Services

Ай бұрын

Looking for an experienced and dedicated traffic paralegal team in Ontario to protect your rights? Discover Ron Harper and OTD Legal. With a proven track record in successfully defending clients against traffic tickets and driving-related charges, Ron and his team are here to help you navigate the complexities of Ontario's traffic laws. Learn more about how OTD Legal can assist you below:
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Пікірлер: 38
@stevensotelo7710
@stevensotelo7710 Ай бұрын
The judge needs to issue an arrest warrant for the officers that do not appear in court..
@homelandfreedom
@homelandfreedom 22 күн бұрын
If that happens the person being charged illegal let's say that person may be sent to trial better if they dnt show up that speaks volumes
@Eke817
@Eke817 21 күн бұрын
Absolutely….
@xenaguy01
@xenaguy01 Ай бұрын
_*What are the consequences?"_ *ZERO!* At the worst, the cop will get a _"verbal reprimand,"_ which means he and his sgt will go out for a beer and laugh about you having to take _ANOTHER_ day off work.
@donlowry6469
@donlowry6469 Ай бұрын
If they don't show up, it could be because it was a bogus ticket, and they don't want that proven in court. With a dismissal, there won't be clear evidence of their crime. Had it happen to me.
@ygrittesnow1701
@ygrittesnow1701 Ай бұрын
As the government representative signing an affidavit for a person to appear in court and not be there should be treated as a 4th amendment rights violation. A citation is a noncustodial arrest. The citation is a promissory that the person will pay the given fine or appear in court. There is already substantial harm to a person's freedoms and liberties. Loss of time at work. It needs to be treated like the crime it is. Scheduling conflicts is no excuse for 'failure to appear'.
@user-bm8tl1tj2t
@user-bm8tl1tj2t 28 күн бұрын
The cops should have a warrant issue for failure to appear
@tomeauburn
@tomeauburn Ай бұрын
In Phoenix officers were not showing up to a certain attorney that they had recommended the accused hire. Over and over it happened until they suspected a payback to the officers that recommended a very high priced attorney
@mreedoak
@mreedoak 27 күн бұрын
The judge should give defendant his legal fees and money for time spent.
@Yalnif5200
@Yalnif5200 Ай бұрын
If you miss court, they issue a Bench Warrant. If a cop misses the court date, they get nothing. Why? Instruct your lawyer to ask the court to issue a bench warrant if the cop is a no show. They are scheduled to be in court on the court date and should not be working the road. So all the excuses you mention are not valid.
@otdlegal
@otdlegal Ай бұрын
For our clients, it's a good thing if the officer doesn't show up. We are very successful in getting our matters withdrawn in this situation.
@user-ss5vx8sj7r
@user-ss5vx8sj7r Ай бұрын
License insurance registration and never say a word but to deny the permission for search. And take movies.
@peteyfiske9107
@peteyfiske9107 16 күн бұрын
Any citation from a law enforcement officer should include a requirement that the officer be required to meet the same terms as the person being issued the citation. If the cited person is required to appear in court under the threat of a bench warrant for their arrest, then the officer who issued the citation should also be required to appear in court under the threat of a bench warrant for their arrest. What’s good for a citizen is also good for the public servants.
@andrewstratford4753
@andrewstratford4753 Ай бұрын
Charge the cop with contemt of court
@user-bm8tl1tj2t
@user-bm8tl1tj2t 28 күн бұрын
You end up having to come back five times.
@edcapp7654
@edcapp7654 14 күн бұрын
You are supposedly able to face your accuser then charges get dropped
@robertroth618
@robertroth618 18 күн бұрын
If I was a judge, there would be a warrant for a no show cop and he would get 30 days in GP.
@guesswhomartin9249
@guesswhomartin9249 Ай бұрын
Keep in mind; a police officer is A Public Servant. That means he Works for The People. A police officer has no power or authority over you, till you commit a crime ! A police officer is NOT a master over The People ! So if a police officer does not apear in Court as required; he now has a warrant out for his arrest. To ALL POLICE OFFICERS; You are NO different or NO better than the rest of us.
@crazysquirrel9425
@crazysquirrel9425 13 күн бұрын
Ask judge for dismissal for want of prosecution witness (actual term).
@Brother-Louis
@Brother-Louis Ай бұрын
In my days in the police, whether on a day-shift, night-shift, rest-days or on leave, if we were properly subpoenaed to appear in court and we dared not show up, the judge would issue a warrant of arrest. Sick leave or another court appearance were the ONLY exceptions, only if you could produce the doctors letter or other subpoena and made 100% sure that it reached the court by the day of court, so as not to have the judge issue a warrant in vain. Then again, that never happened to me or any colleague I knew in my 23 years in the police. Court appearances were to be made in official police uniform or the proper clothes prescribed to detective-wear. May I add I've never been to the USA.
@waterlec8718
@waterlec8718 Ай бұрын
I know THIS much .. If it's in Michigan, and its a TRAFFIC matter the Judge "sets aside" the CHARGE... Ive never known what that MEANT, but found out the ticket I was issued "dissapears".... My question THOUGH... If the cop has SOME REASON to not show up, although they TRIED... Does "set aside" MEAN that eventually you'll be CALLED BACK to court to face the charge AGAIN ? ... I dont know...
@otdlegal
@otdlegal Ай бұрын
In Ontario, Canada, where we are located, the process is different. If the Prosecutor loses jurisdiction over a matter, the officer has to re-serve you a new ticket or summons within a specific period of time, depending on the Act you were charged under
@edcain9492
@edcain9492 14 күн бұрын
The Persone gave Ticket 😊😅to in Ga. Goes Scott Free
@billyhill727
@billyhill727 Ай бұрын
I call bullshit on this. If I get a notice to show up then they should get a notice to be there too. I have things I have to do as well as they do. If I don't show up I don't get a new court date I get an arrest warrant. While I go to jail they go about their merry way.
@wcisean
@wcisean 13 күн бұрын
Nothing, no warrant or anything, but let a citizen do it ,jail! Above the law as always!
@davidp7654
@davidp7654 Ай бұрын
This doesn’t really seem to answer the question you posed. I understand that it is rare that they don’t show up or that they have a reason, but what if they just don’t show up ? No reason, and no excuse given. Would some thing happened to them just like it would happen to you if you didn’t show up?
@otdlegal
@otdlegal Ай бұрын
If an officer doesn't attend court, and if they are on paid duty, they may be disciplined. The Prosecutor would likely request an adjournment and you would have the opportunity to argue the Prosecutor's request. If the Justice of the Peace decides to allow the adjournment, you will get a new trial date. If the JP denies the request, your matter would either proceed without the officer by way of certified evidence or the Prosecutor may withdraw the charge
@davidp7654
@davidp7654 Ай бұрын
@@otdlegal So if they don’t show up they MAY get a talking to and you will be forced to take another day off work. But if you don’t show up then a warrant will be issued for you. Seems fair. Thank you.
@timothysnell5167
@timothysnell5167 Ай бұрын
NOTHING THERE ABOVE THE LAW
@angusmackaskill3035
@angusmackaskill3035 Ай бұрын
If hes the defendant he should be arrested. If hes the plaintiff than all charges are dropped
@fsoiberg
@fsoiberg Ай бұрын
So, what is the CONSEQUENCES? - Spacificly for the Known Felon who made the FALSE allegations? (The damages to the accused are the same if the allegation is true or false. There is no consequence for FALSE allegations. This is an extortion racket.)
@otdlegal
@otdlegal Ай бұрын
I assume you are in the US if you are referencing a felon. We are located in Ontario, Canada
@fsoiberg
@fsoiberg Ай бұрын
@@otdlegal Still NO consequence reported. Cops / Police are Felons, there is no Law, Amendment, or Statute making Policing (Slave Catching) Constitutional. Policing is an extension of the Federal Reserve System of Banking (owners). BAR Association (Administrators), and Police (Prison Guards). We are living in a Free Range Prison System. We have no STANDING as Slaves. When we exercise our "Rights" we are Runaway Slave, and need to be returned to the Prison / Plantation. Police & Courts are paid out of our FED Bank account SIN / SSN account. I see crazy people Crazy people don’t know they are crazy They are crazy because they have accepted lies for truth People’s actions are consistent with their beliefs regardless if the beliefs are true or false Until you can see the truth of what I'm saying, you have false beliefs. You are in a Prison for your mind. Govern-ment (Latin) = Govern-mind = Mind Control The POTUS is an Attorney The Congress are mostly Attorneys The SCOTUS is Attorneys The Attorney General is an Attorney The DOJ is Attorneys Federal Judges are Attorneys Governors are Attorneys State Attorney are Attorneys Get the picture yet?
@ygrittesnow1701
@ygrittesnow1701 Ай бұрын
@@otdlegal In the US this would be a civil rights violation under 18US242 and would carry a federal prison sentence of a year. Unless the circumstances elevate this to include violence, kidnapping, SA then it would carry up to 10 years. Enough factors and this becomes a capitol offense putting the death penalty on the table. Unfortunately this is a law in print and in theory but rarely ever actually enforced.
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