Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

I Want to See the Paperwork

On Behalf of | Jul 24, 2015 | Criminal Defense |

My prosecutor today asks for a postponement because the officer is on vacation.  She just learned about it yesterday.  I object.  The judge says if the officer requested it more than 2 weeks ago he will grant it as the Court should have postponed the case.  He asks her and she says she believes it was more than 2 weeks ago.  She does not have a copy of the request, nor it turns out has she even seen it.  I tell the judge I want to see the paper and he agrees, and the prosecutor’s supervisor walks across the hall and retrieves it from the police liaison’s office.

When I get a copy, it was filed June 30th, more than 2 weeks ago.  HOWEVER, he was on vacation until Tuesday, today is Friday.  Postponement denied.  After she consults with her boss the case is dismissed. I will chalk up her cavalier assertion to being new and assuming everyone that tells her something is 100% truthful (as long as they work for the State).  The case before mine turned into a guilty plea because of her same assertion.  I have no clue if it was the same officer.  That defendant paid a $1,000.00 fine and is on 3 years probation.  My client filed an expungement.  I knew she had never seen the paperwork and was making a guess, and I was not the least bit comfortable with her guessing.  On the other hand, I guessed right.