Help with Motion for Dismissal.

[dbunch]

Ohio:

Looking for help about filing a motion for dismissal.

I realize this is petty, but it really made me mad...


About a month ago I pleaded not guilty to a Stop Sign violation.

Set my court date with the judge.

In the mean time, I had ordered a copy of the Officer's Video.

I didn't think it was going to arrive on time, so I called the Judges office on Friday, three days, before my court date.

I explained that I wanted to file for a continuance, and was told that I had to bring in a form, for the motion.

Well the video showed up on Friday, so Monday, I headed into court.

My trial was at 4:00 pm, which is very close to closing time.

When I showed up, the baliff asked why I was there.

Turns out my trial was cancelled.

He said it was because, I called in on Friday. But they gave me a copy of a motion for continuance.

It was filled out by the prosecutor. The officer had a conflict with his schedule and I was never notified.

Also the paper I was given, had the date of my next trial, and not the date that the continuance was filed.

And it was never signed by the judge....



Is this grounds to file for a motion of dismissal...


It just made me so mad, when this happened..

Thanks

 

[sandyclaus]

Probably not...

Ohio:

Looking for help about filing a motion for dismissal.

I realize this is petty, but it really made me mad...


About a month ago I pleaded not guilty to a Stop Sign violation.

Set my court date with the judge.

In the mean time, I had ordered a copy of the Officer's Video.

I didn't think it was going to arrive on time, so I called the Judges office on Friday, three days, before my court date.

I explained that I wanted to file for a continuance, and was told that I had to bring in a form, for the motion.

Well the video showed up on Friday, so Monday, I headed into court.

My trial was at 4:00 pm, which is very close to closing time.

When I showed up, the baliff asked why I was there.

Turns out my trial was cancelled.

He said it was because, I called in on Friday. But they gave me a copy of a motion for continuance.

It was filled out by the prosecutor. The officer had a conflict with his schedule and I was never notified.

Also the paper I was given, had the date of my next trial, and not the date that the continuance was filed.

And it was never signed by the judge....



Is this grounds to file for a motion of dismissal...


It just made me so mad, when this happened..

Thanks

You expect the court to entertain a motion for dismissal because a continuance was given without your knowledge? No, this is not grounds for a motion of dismissal.

Judge continue cases all the time, due to one or the other party having a schedule conflict. In your case, the officer had a right to confront his accuser.

You had requested a continuance yourself. What do you think would have happened if the prosecutor showed up and you weren't there? It would have been just as much of a waste of time for him and his witness, the police officer.

Quit complaining. You now have more time to prepare your defense. The paper confirming the continuance will probably be mailed out to you any day now.

 

[dbunch]

You can call it complaining if you want...

I had asked about a continuance, but did not request one.

If I would have not showed up and the trial proceeded, a warrant would have been issued for my arrest...

So, yes, I was mad that I took off work to take care of this.

I do not need any more time to prepare..

I was ready when I showed up.

And the continuance looked like it was written up the day I showed up....

So as usual the court gets its way..

You expect the court to entertain a motion for dismissal because a continuance was given without your knowledge? No, this is not grounds for a motion of dismissal.

Judge continue cases all the time, due to one or the other party having a schedule conflict. In your case, the officer had a right to confront his accuser.

You had requested a continuance yourself. What do you think would have happened if the prosecutor showed up and you weren't there? It would have been just as much of a waste of time for him and his witness, the police officer.

Quit complaining. You now have more time to prepare your defense. The paper confirming the continuance will probably be mailed out to you any day now.

 

[tranquility]

Yes, the court will get its way. A judge has a 0.0000% chance of dismissing a case based on an order he made for continuance--especially when you asked for one.

Sure, you didn't make a motion, but I bet the judge asked his clerk who told him of your request when the prosecutor did.

The clerk should have called you so as to not waste your time. But, don't get mad at the clerk (Or, at least show it.) as they are the ones who really run the show.