goliathslw said:
What is the name of your state? VA
I was listening on the radio, granted this was in CA, that the officer must be present if I show up to court, or the ticket isn't valid?
If so, do officers generally go to court on their days off?
My response:
First, the Sixth Amendment to the United States Constitution (through the Fourteenth Amendment) guarantees individuals accused of criminal charges the right to confront and cross-examine any adverse witnesses who testify against them. Davis v. Alaska, 415 U.S. 308, 315, 94 S.Ct. 1105, 1110, 39 L. Ed. 2d 347, 353 (1974).
Your initial appearance in court will be your "arraignment" - - that is, your opportunity to plead "innocent" or "guilty" to the charges. If you plead innocent, the court will schedule a trial date based upon the arresting officer's schedule, and the court's schedule. Usually, a court will "work around" the officer's "days off" before requiring the officer to appear in court for trial. So, no, officers do not "usually" appear for court on their days off - - especially for "traffic court" offenses.
Since you have a Constitutional right to "confront your accuser", if an officer is ordered to appear, but fails to do so, the charges against you must be dismissed - - because no one, other than the officer, is your "accuser" and was, presumably, the only "accuser" at the scene.
The Assistant District Attorney cannot "stand in the place" of the officer, nor give testimony in the officer's absense at trial.
IAAL
