If you are arrested and the cop can't testify against you do they drop the charges?

His Old Lady

Once you're arrested, you don't just walk away. They can work with his reports, or pass them on to another cop to proceed with. It won't be as adequate without his testimony, but the loss of the cop could provoke the prosecutor into really pushing this, just on principle.

Your girlfriend might get lucky this once, but don't count on it happening again. Tell her to get her sh--- together. My husband has been in federal prison for 26 years, and this is a horrible way to live. There's nothing glamourous (forget Prison Break) about it. Women in prison especially have a difficult time because of the male staff.

Might be a good idea for you to lose this "friend' before you go with her. There's nothing cool about living this way.

robin b

they will allow any police reports or notes he took on that night allowed as testimony as if he were there. They will be entered in as evidence, unless you can get a great lawyer with a few tricks up his sleeve

kev-O

no. there still guilty duh!
why just because someone is killed does that allow someone to be inocent!?
i guess if you rob a store and kill the cop your insteantly freed and you go home
peace

spag

Good Lord, if I was required to testify at every case I would never see the street again. Once my report is in, the prosecutor takes the case. I don't necessarily have to be there. I show up for probably 10% of the arrest I make. The rest of the time it's not required.

mikey

If there is a strong case, the state can pursue the charges and use the police officers report since he is not available.

*****

It can still go to trial, depending on what other evidence they have against the arrested person. If key testimony depended on the cop who was killed, then the prosecution has some serious problems proving the case.

fr_chuck

If the officer wrote up his report, since he has died, normally they will read his report into evidence.

kyle_presley2002

not thrown out, all the evidence from the videocamera and microphone recorder along with the dipatcher the officer was talking with during the incident. The case without the officer will be easier to defeat without the main character witness, but i guarentee it will not be dropped. It will most likely go to trial, and when the DA gets the case they will see that the character witness is dead, they will plea bargain out of trial.

RoxieC

Thrown out only if there is no other type of evidence against her.

Plain Jane

It is my understanding that the Cop would of had to fill out a report on the incident before he could leave his shift. I think it's possible based on that, that the D/A will still pursue the case.

Dr. O'Pinion

Too many holes in the information. If your girlfriend had warrants for her arrest then it would have nothing to do with the officer. The demise of the officer does not vindicate your girlfriend from guilt. Further if she was arrested and taken into custody she will have to appear for a court hearing at which time the judge will deliberate the charges and issue a sentence pursuant to the charges and only if the charges indeed rely on the officers sole testimony can the charges be dismissed. If the officer collected criminal evidence then the evidence itself can be permissible in court as proof of guilt. You will need to have a top notch attorney to initiate the dismissal proceedings or show cause to drop charges.

docie555@yahoo.com

If there is evidence to show that your girlfriend was charged with five counts and if the PO-lice filed it with the DA's office, Things will go on as if nothing happened to the officer.

Mike S

Generally, just what you would expect. Without your Consitutional right to confront/cross-examine the accusor, the case may need to be dropped. The exception would be if there is evidence other than the officer - say a domestic assault (husband clocks wife or vice-versa). Nothing says the arresting officer has to be the one to prosecute you.

glock310

i would say it should be thrown out ... unless there was substantial evidence to be pursued

Billy M

Don't think it works like on TV You shouldn't need a lawyer for this but with all the crooked judges on the bench it might be a good idea to get some shyster there just in case. Justice is all about money in this country anyhow.

Lisa M

If she fights it and the police officer is not there to testify.There is nothing the courts can do about it.Unless there were other police there to see what happened which there usually is or does happen.Good Luck!

chupakabra123

Well that's what the law around here sais, but its the court system they think they rule all.

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