Crime & Law Enforcement Issues & Death Penalty/trial question
I am just looking for a second opinion on a question and response posted below, as well as an additional question I have following the expert's response.
Question: Mr Toomey,
I am being accused of alleged DUI under the influence of drugs. This occurred on 5/13/2013 and since then I had postponed the court date 5 times. This past date; January 22nd, 2014 while I was in a detox according to my attorney the officer did not show this time around and the case would have been dismissed. My new date is coming up on 4/30/14: my question is considering the fact that officers are paid overtime and this state trooper had shown up to 4 out of the 5 court dates, what are the chances of him showing up or even having permission from his superiors to show up wasting money on overtime while he could be out on the field? What could possibly have been the trooper's motive for not showing for the January date? Is it possible that his superiors had told him not to attend ? I truly appreciate your time and look forward to any feedback!
Answer: I can't possibly predict whether one state trooper will show up for a particular court case. I would need a crystal ball to do that.
Maybe he knew that you were in detox the last time?
Thank you for choosing me to answer your question.
I apologize for bothering you again but I would like to clarify: the officer did not know I was in detox because my attorney forgot to let the DA know that I would be there, this resulted in my bench warrant which was lifted as soon as i completed my treatment. Considering the facts, is there any way to tell the chances of the trooper showing up to my upcoming trial? And what reason would a trooper not show up to a scheduled date as he did on my 4th court date? Could it be a direct order from his superiors because he had gotten the overtime 4 times already with a trial resulting in 5 postponements? Once again, I apologize for bothering you again and I truly appreciate your response: I just wanted to clarify the fact that the last date he failed to appear was clearly still scheduled and no one knew i was in detox.
The chances are very good that the State Trooper will show. It is not merely a matter of finances or overtime. Those factors are built into every law enforcement agency budget. All police officers at every level are mandated to show for their respective hearings. It is part of their job and is as important as any other task they are required to perform. You must prepare as if the officer will show. Perhaps the officer was informed that you would not be present if your attorney notified the court or perhaps he was involved in an emergency situation. It is hard to say. Until there is a disposition in your case the state trooper will be at your hearing. I guarantee it.