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Double Jeopardy ?

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trek7k

Junior Member
What is the name of your state?What is the name of your state? PA
I appeared before a District Magistrate and plead not guilty to a speeding ticket (40 in a 25 zone). My case was dissmissed due the officers failure to appear. Yesterday, three days after my hearing I was served with another summons to appear for the same charge ? Can the officer recharge me again after being found not guilty ? Do I have any options ?
Thanks,
Trek
 


Curt581

Senior Member
trek7k said:
Can the officer recharge me again after being found not guilty ?
You were NOT found "Not Guilty", ie, acquitted of the offense. Double Jeopardy does not apply. The original was simply dismissed based on the officer's failure to appear. It may have been due to circumstances beyond his control. Who knows?
Do I have any options ?
Yes. You can plead Guilty, Not Guilty, or No Contest.
 
Curt581 said:
The original was simply dismissed based on the officer's failure to appear. It may have been due to circumstances beyond his control. Who knows?
Ordinarily when sombody is supposed to appear in court and they don't show up, a warrant is issued. Failure to appear is a serious matter....creates lots of problems for folks. Possibly we have one of those instances where the case was not "dismissed", but was merely rescheduled, continued.
 

Crazed98

Member
poppakeith said:
Ordinarily when sombody is supposed to appear in court and they don't show up, a warrant is issued. Failure to appear is a serious matter....creates lots of problems for folks. Possibly we have one of those instances where the case was not "dismissed", but was merely rescheduled, continued.
They are not going to issue a warrant for the officer who wrote the ticket.

The case was dismissed and then rescheduled.
 

trek7k

Junior Member
The officer who failed to appear issued several continuances scheduled for trial that day. My name was omitted from that list of continuances. The officer was "On vacation at the shore" per another officer in the court room.
Thanks-
trek
 
trek7k said:
The officer was "On vacation at the shore" per another officer in the court room.
Yep. Police officers are not robots. They have lives outside of work. It is very possible that the person in charge of being a liasion betwen the PD and the courts, failed to catch the conflict of schedules. That is probably why it was rescheduled.
 

trek7k

Junior Member
So if I "forgot" to show up for my first court appearance or request a continuance (because I have a life too) I can just stroll back to the district justice's office and request another hearing ? I highly doubt things would look very good for me if I did this. I always thought the burden proof was on the prosecution and once the case is dismissed thats it. My point is- I showed he didn't. No continuance was issued. The case was dissmissed. So the case should have been closed (or so I thought). At this point I think I'm more upset at having to take another day off of work because of a cops negligence than getting the ticket in the first place.
Trek
 
trek7k said:
So if I "forgot" to show up for my first court appearance or request a continuance (because I have a life too) I can just stroll back to the district justice's office and request another hearing ? I highly doubt things would look very good for me if I did this. I always thought the burden proof was on the prosecution and once the case is dismissed thats it. My point is- I showed he didn't. No continuance was issued. The case was dissmissed. So the case should have been closed (or so I thought). At this point I think I'm more upset at having to take another day off of work because of a cops negligence than getting the ticket in the first place.
Trek
You are not listening. You are being closed minded. It could have been any number of people "fault". And your right, you do have a life, but you committed the "violation" of law... not the officer or court, etc.
 
poohmantbb said:
You are not listening. You are being closed minded. It could have been any number of people "fault". And your right, you do have a life, but you committed the "violation" of law... not the officer or court, etc.
Theory goes that public safety is of prime consideration in these matters, and a smooth flow of transportation a close second, those whose actions and judgement puts the public safety at risk or impedes traffic are to be penalized. As it happens, officers will frequently create greater risk, impede more traffic, than the citizen's behavior they strive to penalize. While one may violate law, and still not place at risk the public safety, the traffic stop and requirement that one make multiple trips to answer a cop's accusation becomes a part of the problems we seek to correct. Closed minded is not the exclusive province of ordinary citizens. Are you listening?
 

Crazed98

Member
trek7k said:
So if I "forgot" to show up for my first court appearance or request a continuance (because I have a life too) I can just stroll back to the district justice's office and request another hearing ? I highly doubt things would look very good for me if I did this. I always thought the burden proof was on the prosecution and once the case is dismissed thats it. My point is- I showed he didn't. No continuance was issued. The case was dissmissed. So the case should have been closed (or so I thought). At this point I think I'm more upset at having to take another day off of work because of a cops negligence than getting the ticket in the first place.
Trek

You can always call up the court and ask them to change the date you have to appear.
 
poppakeith said:
Theory goes that public safety is of prime consideration in these matters, and a smooth flow of transportation a close second, those whose actions and judgement puts the public safety at risk or impedes traffic are to be penalized. As it happens, officers will frequently create greater risk, impede more traffic, than the citizen's behavior they strive to penalize. While one may violate law, and still not place at risk the public safety, the traffic stop and requirement that one make multiple trips to answer a cop's accusation becomes a part of the problems we seek to correct. Closed minded is not the exclusive province of ordinary citizens. Are you listening?
This is the giggest crock of **** I have even heard.
 

ljt99

Member
trek7k said:
What is the name of your state?What is the name of your state? PA
I appeared before a District Magistrate and plead not guilty to a speeding ticket (40 in a 25 zone). My case was dissmissed due the officers failure to appear. Yesterday, three days after my hearing I was served with another summons to appear for the same charge ? Can the officer recharge me again after being found not guilty ? Do I have any options ?
Thanks,
Trek
Yes, you have options. Visit your local library and check out one of the several books they have that are relevant to the subject of fighting a speeding ticket. Or visit one of the several websites relevant to fighting a speeding ticket. Then get as far away from this particular website as you can as the majority of those giving "advice" (and I use that term very loosely) will always advise that you simply pay the fine and forget it. Of course, most of them work for the courts and are paid by your money so you can understand their logic.
 

LSCAP

Member
START from the top. Did the judge actually say “Dismissed”?
Or did he do the ‘wave a hand, and nod” which tells you nothing. ( I've been there, I've seen it.)

If he actually said, ”Dismissed” then it should have been dismissed. The court stenographer would have typed the magic word “Dismissed” into the record.
Its possible he did say dismissed and later on the court clerks just added you case to the others that were continued.

I would suggest you go to court and see the DA. Honestly tell him the case was dismissed and you don’t know why you were called.

If he snubs you, then ask for a postponement to get an attorney.

If you are only upset about the inconvenience get an attorney anyway. It should be cheaper than raised insurance rates.
 

trek7k

Junior Member
Yes, the Judge disimssed the case due to the officers failure to appear. The words "case dismissed" came from his mouth. I will plead not guilty again and point out the officers disrespect to the court (and me) and let the chips fall as they may. I will appeal if the charges aren't reduced to a no point violation and take my case before the DA. My hearing is on the 6th.
trek
 
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hurricane_help

Junior Member
This has happened to me and a few other folks I know. Officer charged me, I went to court at HIS appointed date/time, plead not guilty, he didn't show, case dismissed, the end.

You have a right to a speedy trial and the prosecution sets the court date. If they don't show up = no continuance = your not guilty..bye bye..see ya later..

They won't tell you this of course. And I've even seen other officers try to cover for a missing officer by finding their chargees and offering them reduced speeds/fines before court.

These are all speeding tix/moving violations I've seen this for...
 

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