Hendersonville, TN asked in Criminal Law for Tennessee

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

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2 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

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.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
Answered
  • Criminal Law Lawyer
  • Cleveland, TN
  • Licensed in Tennessee

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.

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