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What happens if the officer does not appear for court?
Posted by Mark Matney
Attorney Mark Matney - Holcomb Law, PC Newport News, VA
It depends. If the officer is on a list for an approved absence, then the judge will usually continue the case to the officer’s next available date. This applies to officers who are in training, called up for military duty, or sick.
However, sometimes a judge will dismiss a case even when the officer is on an approved absence list if the officer was not available for court previously. For example, in one Newport News case this month the judge dismissed the charge of reckless driving by speed, 56/35, when the officer was on sick leave for two separate court dates.
When police officers leave their police departments, their cases are usually dismissed. This week a Hampton officer’s departure resulted in the dismissal of Reckless Driving – Accident and a Newport News officer’s resignation resulted in the dismissal of Reckless Driving - Parking Lot.