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judge as prosecutor

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woody1

Guest
What is the name of your state?Tennessee

I got a ticket for going 47 in a 30. I've already been to court and pled not guilty because the officer did not appear. However the judge set a trial date for later. I motioned for a dismissal because of the officer's failure to appear but the judge said the later date was to give the officer a chance to appear. I thought this was very unfair- I make the effort to appear in court but the officer gets another chance. Well anyway I have an unrelated question: This court had no prosecutor. Is it legal for the judge to act as prosecutor and judge at the same time? If not can I get a dismissal at my next trial if I object?
 


K

krispenstpeter

Guest
First, the judge in your scenario was not acting as prosecutor. He/she was carrying out the duties of the bench and There is nothing legally wrong with having the trial rescheduled to allow either party more time to appear.

Second, aw hell, nevermind. :rolleyes:
 

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