Interesting Legal Question

I have a question: If you are in the state of delaware, and are arrested by a police officer, and have a court date, and the arresting officer is NOT present, and you plead not guilty, does that mean you automatically get off? Because there is no one to contest you? The crime by the way was open container of beer and underage, however there was no breathilizer or test of sobriety. Please help; I am in college and have almost no money to pay whatever the fine might be for my stupid mistake, and I definitley have no money to hire a lawyer.

[This message has been edited by Jamesis1 (edited October 08, 2000).]

so is anyone here from delaware?

Check the DEL speedy trial rules. They should be in the court rules of criminal procedure. The state has x days to bring you to trial. If the cop doesn't show for the court date, & the judge doesn't reset trial within the x days, your case gets dismissed. You have a duty to inform the court if the date it proposes for the rescheduled trial is beyond the x days. If the court doesn't decide when to reset the trial until after the x days have passed, the case is dismissed whether you told the judge the x days were ending soon or not.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]

You have a due process right to confront your accuser. Since that particular accuser is not present to accuse you. you motion the court for dismissal on the grounds that your due process right to confront your accuser was violated. I am only giving you information on your constitutional rights, no advice, ok? Good Luck.

You have a due process right to confront your accuser. Since that particular accuser is not present to accuse you. you motion the court for dismissal on the grounds that your due process right to confront your accuser was violated. I am only giving you information on your constitutional rights, no advice, ok? Good Luck.