Sitting at the feet of justice
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I love these little anecdotes that you can find all over the web and on blogs, about "overheard at court" or "stupid things my clients say". What I also love is standing on the steps to a courthouse and listening to people vent. It reinforces my faith in humanity.
So yesterday, I’m on the steps (there are only 4) and this unidentified man was sitting there smoking a cigarette. Apparently, he had a heroin addict landlord who gave him keys to the house, but yet had him arrested for burglary and larceny. Obviously, our man wasn’t too pleased about it. To top it off, it seemed that the complainant hadn’t shown up to court on a previous ocassion - not that he’d have to - and after the usual "this is bullshit, the system is screwing me" (which I do agree happens), he said "if he doesn’t come to court three times, I’m going to have the charges thrown out. I know my laws, I’ve been in jail before."
Does anyone else have a similar law in their jurisdiction? Complainant doesn’t "show up to court" three times in a row and the charges get dismissed?
He then mumbled something about warm juice.
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In Hawaii District Court it functionally works out to three times. Two times for a petty. Once for a petty and a clean abstract and a victimless crime.
About 6 for a DUI.
In my jurisdiction in Kentucky the case can generally be dismissed if the prosecuting witness fails to appear twice. Sometimes the Judge will dismiss it on the first call of the case if the witness fails to show and the crime is petty.
In my jurisdiction in Kentucky the case can generally be dismissed if the prosecuting witness fails to appear twice. Sometimes the Judge will dismiss it on the first call of the case if the witness fails to show and the crime is petty.