Careers: Police/court

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Expert: - 1/31/2008


Question
hi. what generally happens if the plaintiff in a case regarding a restraining
order doesnt show up to court? could they be defaulted or would the case
just be dropped?otherwise, is there any way of dropping charges a few days
before a court date?

Answer
Hi Dom,

You really have not given me enough information to go on. Since its a restraining order and not a criminal case what charges are you talking about?

Charges are in criminal cases, a restraining order can be issued without a criminal case for the safety of a person in a situation.

If the person that is protected by the restraining order does not show for a court appearance, that does not mean the Judge will remove the order or drop any attached criminal charges, it depends a lot on what the court hearing is for and what is being done. The person can be represented by an attorney at the hearings and in many cases is so that they do not have to confront or be near the person the restraining order is against.

If you are the victim and wish to drop charges in some kind of criminal case, you can call the State Attorney handling the case and ask them to drop the charges, but many states, including Florida do not need the victims consent to prosecute for some crimes against a person. Domestic Violence is one. If a victim of domestic violence wants the charges dropped, that does not mean they will be, the State has the right to continue the case eve without the victims approval. This is to protect victims from being intimidated into dropping charges.

I hope this helps explain it a bit. If you need clarification or more help, just ask..

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Chris Wagoner

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I have been a police officer for 30+ years! I am the Police Academy Commander at the Santa Fe College, Institute of Public Safety in Gainesville Florida It is a full service Law Enforcement and Corrections training facility. I can answer most questions concerning law enforcement procedures, law enforcement training and general questions about law enforcment. I can also answer questions about becoming a law enfocement officer. I have a booklet and web page I have written that answers many questions about how to become a police officer called "So you want to be a cop (police Officer) in Florida?", which is free, Google it.. All you have to do is ask. I teach the following subjects: RADAR/LASER, Law Enforcement Driving, Law Enforcement Firearms and Patrol Techniques, Officer Safety, WMD's for Patrol Officers, Application of Law, Communications skills, Dealing with the Mentally and physically handicapped, and many more subjects. I have worked as a subject matter expert for the Florida Department of Law Enforcement and helped to write the police curriculum for the State of Florida. I like answering questions about how to become a police officer, and questions about why did an officer do this or that type questions. I also like answering any questions you may have about police work in general. I do not mind helping with homework questions or trying to answer your questions about legal subjects that I have knowledge of. You will never know the answer until you ask! If you do ask a question, PLEASE take the time to at least rate the answer. I do not get paid to answer these questions and do it on my own time. If you ask, please rate it when I answer. Thanks!!! If its a question about becoming a police officer, it may be answered here: http://sites.google.com/site/flaleohelp/ My "hobby" website - http://www.youtube.com/user/3rdID8487 Military Videos on YouTube and Facebook!!

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I am a 30+ year veteran police officer, I am currently the Police Academy Commander of an Academy in North FLorida. I have been training police officers since 1993 and have trained them in all aspects of law enforcement, including firearms, Driving and legal subjects including patrol techniques and others and training all over the world. I have trained over 5000 officers worldwide in the last 16 years of training.

Publications
I am a published author in Accident Investigation from the University of North Florida, Institute of Police Technology and Management. Also have written and published on the Internet, "So You Want to be a Cop (Police Officer) in Florida?" you can Google it..

Education/Credentials
I have 2 degrees, in Criminal Justice.

Awards and Honors
Phi Theta Kappa, plus 50+ Departmental Awards over the years. FBI Directors award for assisting in a Nationwide investigation into Child pornography.

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