Is the DUI arresting officer present during the court hearing ?

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Will the arresting officer be present on my court date ? DUI

Attorney Answers

8
Jay Finnecy ·
The arresting officer won't be present unless you're at trial or a motion to suppress evidence. You need a lawyer.
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Troy SlatenCriminal Defense AttorneyBeverly Hills, CA ·
The arresting officer is not required to be present at most court hearings. If your case is set for each file for one of several different types of motion, then he would have to appear. If you're talking about your arraignment, or first court date, if your case is set for each file for one of several different types of motion, then he would have to appear. If you're talking about your arraignment, or first court date, the officer will not be there. This is the type of question you should be directing towards your attorney. If you don't have an attorney, you need one ASAP. Most of us here, including myself, will give you a free consultation.
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Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
The first appearance in court is an arraignment. You answer the charges by a plea if not guilty and set future dates unless you plead guilty. The officer does not need to be in court unless their is a hearing or trial when he will testify
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Arnold Gross ·
The arresting officer is only present for trial or a search and seizure motion. You should hire an experienced DUI attorney to represent you. If you cannot afford to pay for one, ask for the public defender the first time you go to court.
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Julia Simmons ·
Not at your arraignment but if you set the case for jury trial, the officer will show.
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Andrew Leventhal ·
The arresting officer will be present on court dates where the DA needs his or her testimony. Testimony is needed at jury trial and often before jury trial with respect to pre-trial motions. Here are some examples of pre-trial motions where the cop could testify: - Motion to exclude client statements under Miranda v. Arizona and via evidence code 402, -Motion to suppress evidence per penal code 1538.5 -illegal search/seizure1538.5. -Motion for sanctions due to a discovery violation; brought per penal code sections 1054.1/1054.5/1054.7 ) -Motion to dismiss, for example due to a speedy trial violation. Your lawyer should advise you on your trial prospects as well as any viable pre-trial motions.
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Cameron Huey ·
The officer will be in court when he is subpoenaed. Which means he will be there for the trial, of course. If he is there for a motion to suppress get ready for him to be there for the trial. Many DA's don't plea bargain if you file a frivolous motion to suppress that made them spend an hour out of their day and the officer's time.
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Jon Artz ·
the officer will not be present unless the defense has brought a motion or the case is finally set for trial. The defense will usually bring such motions and/or set the case for trial to secure the best possible disposition. this is why hiring an experienced attorney gets results, especially if that attorney is know to take cases to trial and wins. peace.
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