Q: Had prelimanary hearing set for today to question arresting officer on probable cause for pulling me over, he didnt show
Officer had no probable cause to pull me over . i refused to have car searched and officer couldnt give me a real reason for pulling me over he then lied to get me out of car to sign paperwork and preceded to have dog run around the car ( which was my sons car that he got from my ex husband weeks prior ) said dog hit in driver door but then found a old cigg pack in car with a few adderall tablets in it. I had. Just hours earlier found a pill on driver side floor board and wondered what it was ( being my sons car ) so i put it in my pocket for research when we got home. In the end they aressted my boyfriend and i because we wouldnt say it was ours and i forgot about pill in my pocket and when i got searched in the jail they found it.. Should the case not been dismissed since cop did not show up.. This was in blount county tn
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: It is up to the Court whether to Dismiss for Lack of Prosecution or not. There may be other Witnesses besides the arresting Officer also. If there is a charge for Introduction of Controlled Substance into a Penal Facility then you have a separate serious problem. Hire a competent attorney.
A: Well, typically in criminal court, they are going to set several more dates if necessary until the police officer is able to show up. Police officers have very busy schedules, and the courts are more than willing to give them sufficient latitude to show. As far as the procedural issue of whether the police officer had probable cause to pull you over, you cannot handle that yourself. You need to consult with a local criminal defense attorney to unravel all of that.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
