Legal Question in Criminal Law in North Carolina

Must an arresting officer appear at the trial of the accused

DWI trial arresting officer was on duty on assigned court date lawyer went next door to examine officers testimony at the police station while I waited in court room with judge. This "examination" was while he was the only officer on duty in the town where the officer is employed. Judge asked lawyer upon her return if she had the arrest documents, which she did my question is whether the officer was supposed to appear at my trial and why was my lawyer trying to help him and the Township in NC?


Asked on 10/14/97, 10:09 am

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Must arresting officer appear at hearing?

I would insist that the arresting officer either be at the hearing or I would request a dismissal. Yes. The arresting officer must be available so that you will have a meaningful opportunity to cross examine him.

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Answered on 10/15/97, 9:32 am


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