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can a case be dismissed on grounds of officer giving wrong court date?
IN NYS, i had a ticket from a conservation officer. I went to court, But there was no court that nite. The DEC officer and I were the only ones that showed up. has anyone heard of the case being dismissed for this?and what would be the legal term ? thanx
3 Answers
- 1 decade agoFavorite Answer
Yes I would think that would go under officer not showing,
case dismissed. since you did your obligation to show you should have it dismissed.
- Diana BLv 71 decade ago
I don't see the legal basis to dismiss the case. This question is not unique here on YA - too many people think that the criminal justice system is run by 1960's era computers that short circuit and explode when given the slightest confusing data.
You have a case because there is evidence against you of committing acts chargeable under the law. There is no defense that any error in procedure will destroy the case. There are procedural guidelines (too many too list) that could in the aggregate legally require the dismissal of your case on grounds having little/nothing to do with the facts of the case, but these would have to be many or singularly noxious violations of your rights.
- 1 decade ago
Absolutely, it could get it dismissed for improper information on your ticket/documentation...
But then again, maybe not, just depends on the judge...
