• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Cancelled Court Date?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

missdevin

Junior Member
Indiana

A couple were pulled over during a traffic stop after being cut off by an 18 wheeler. The police officer was new and being trained by another who stood while the rookie 'did his thing' as it was said....

The office searched the car after jerking the door open and the young man out of the car for no reason other than him being 'a drug addict who grows pot and smokes crack' just because his eyes were red from being woken up by the noise and the officer at his passenger window.

Now, both were charged with 4 felonies after the officer jerked a pill bottle out of the door and found a pipe and 1 pain pill....both were arrested...car impounded....

The court date, however, was cancelled and there isn't one scheduled. I'm confused....I'm hoping that since it's obvious several violations of civil rights were going on the charges will be dropped but I"m not sure...

What do you think? I"m not a lawyer but it doesn't take one to think if they really were really able to make those charges stick there would be no way they would cancel a court date.What is the name of your state (only U.S. law)?
 


Isis1

Senior Member
If it were me, i'd show up at the hearing anyway to make sure it was off calendar. I'd be calling the DA's oofice a few times a week to make sure the hearing wasn't resceduled. I'd be checking in to make sure all charges were dropped. Just to be sure. Maybe it's just me, but i don't like surprises.
 

missdevin

Junior Member
Called and checked....court was today and it's definately not on the docket...they were there but no one else was....they said they mailed a letter cancelling court but they didnt get it....I told them to call a couple times a week and ck for a court date but what about out of sight out of mind...if they don't give them a court date soon don't they have to drop the charges?
 
The "court date" is just a signed promise to appear. For their to be a case against you, the state must file a complaint. They will have a statutory time period to do that. They can either notify you of your new court date or simply file a case and get a warrant for your arrest... or they could of course drop it.

You might contact your DA (or whatever they are called) and find out the status so you dont miss any future court dates.
 

FlyingRon

Senior Member
The "court date" is just a signed promise to appear. For their to be a case against you, the state must file a complaint. They will have a statutory time period to do that.
Note the "statutory time period" for that is five years. Felony drug charges can take months to get filed on average.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top