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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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we went to court for preliminary--prosecuter stated officer

Resolved Question:

we went to court for preliminary--prosecuter stated officer was subpeoned to court- he wasnt there-we were made to wait thru another case and also waited for the prosecuter to phone the officer who was home in bed-we also had to wait 40-45 min. longer for him to arrive. if that was me I would be under arrest he recieved no fine no contempt nothing from the judge are officers exempt from FTA
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of your experience and I entirely understand your frustration. Please clarify: were you represented by an attorney at the hearing?

Also, do you know why the officer was at home? In other words, do you know what led up to those circumstances?
Customer: replied 5 years ago.
was represented by a public defender---apparently it was the officers day off- but when the prosecuter called he just forgot or something and said he would get dressed and come in----we were made to wait-------also when he took the stand he said he was an officer with the county sherriffs office and when he first confronted us - he said he was the drug enforcement officer for the county isnt that misrepresentation
Expert:  JB Umphrey replied 5 years ago.
Thank you. XXXXX correct to infer that the prosecutor made the motion for an adjournment and the judge granted the request?
Customer: replied 5 years ago.
when the judge asked where the officer that was subpoened for 130pm was the prosecuter replied he was home in bed but she could call him and he would be there within the hour so the judge called a brief recess and we were made to wait until his arrival at approx 220pm
Expert:  JB Umphrey replied 5 years ago.
I see, so the officer did appear (late but did appear)?
Customer: replied 5 years ago.
yes after prosecuter called him
Expert:  JB Umphrey replied 5 years ago.
Thank you.

The judge exercised its discretion on docket management.

It may seem to be unfair/unjust. I understand.

However, the judge can delay a case for any side. The actions that you've describe are legal and they are not an abuse of the judge's discretion.

You may not like it. I get that. Trust me, I've asked for many cases to be dismissed due to delay. Judges never grant it.

At least the cop came in the same day. That's better than most.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"
Customer: replied 5 years ago.
i accept your answer and wanted to ask 1 more please i will pay ----we were walking dogs in a state wildlife refuge area not far from my home. Public land and within our rights. This officer parked on the highway went thru a fence and suddenly appeared with hand on gun and said he was the drug enforcement officer for the county and harrassed us endlessly. At court on the stand he said he was an officer with the sheriffs office and approached us because of illegal dumping there--this was never mentioned. is that misrepresentation or something
Expert:  JB Umphrey replied 5 years ago.
Thank you for the follow-up.

It's not uncommon for officers to say one thing at the scene and a different thing on the stand.

The reality is that, most times, they don't have a good memory of the incident. It doesn't necessarily mean that they intend to lie. This probably isn't the first time he's done that and he's mixing up his incidents. That's something that can be probed and clarified upon the officer's cross-examination (and he goes to challenge his memory).

Of course, there are other officers who are dirty and flat-out lie. They can get caught up when the in car or booking room videos don't match their testimony. Then it's for the judge or jury to decide if they're going to believe them or not.

I hope this helps to clarify things.
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