Is it true that the cop who gives you a ticket no longer has to be present at trial ?

[k2p2]

I know in the past if the cop didn't show up on trial date the charges were dismissed.
A couple of my friends told me that they showed up at court and were told by the prosecutor that "the prosecutor" is the cop's representative at court and the cop doesn't necessarily have to show up for them to get charged.
Has anyone heard anything similar to this or is it just their tactic to force you into pleading guilty ?????


thanks

[FiReSTaRT]

I heard about the cops/MADD cows and other lobbyists clammoring for it, but AFIK, it's all rabblerabllerabble for now.

[CdnVStar]

I can't see how this would ever change. In order to be convicted, the prosecutor needs to present evidence. As the prosecutor cannot testify, without a cop or somebody else there who can act as a witness for the prosecution, they have no evidence. No evidence = no conviction.

[GreyGhost]

There was talk that the cop would sign an affidavit with their version of the events and this would be admissible in court without them being present. Sounded shady and I don't know if it ever happened. It should be fairly easy to raise reasonable doubt though if all they have is a typed page. It is damn hard to fully describe a situation in writing. I suspect it would be a hell of a lot easier to beat tickets if this ever happened.

[TBSS_guy]

I'm told this is common practice in Quebec, so it wouldn't suprise me to see Ontario try to adopt it.

Apparently the officer provides his notes to the prosecutor, who reads them into evidence and they try the case based on the notes. Officers only actually appear for criminal charges there now.

[Dr.Manhattan]

It's true, they don't have to be there. However they get overtime to actually show up, so a lot of them do. Otherwise, it's no big deal to them. It doesn't look very good though if they don't show up. The prosecutor does not have much to go on, and if you have a lawyer, it's pretty much a good day.

[mat2312]

If you have half a brain you'd be able to cast reasonable doubt on a type written statement.

[eastcoast_gsx]

If you have half a brain you'd be able to cast reasonable doubt on a type written statement.

I would imagine, that all you really have to do is ask the statement the right questions and wait for a response.

[FullMotoJacket]

You have the right to cross examination. I can't see that ever being revoked.

[Splash]

isn't there something in the Canadian Charter Of Rights And Freedom that says you have the right to face your accuser and cross examine that person?

[Grimmy]

isn't there something in the Canadian Charter Of Rights And Freedom that says you have the right to face your accuser and cross examine that person?

No, there is not.

[Grimmy]

I would imagine, that all you really have to do is ask the statement the right questions and wait for a response.

You are on the right thought idea.

An affidavit cannot be cross examined, and as such, holds little weight. It simply is a statement.

[funrider]

I know in the past if the cop didn't show up on trial date the charges were dismissed.
A couple of my friends told me that they showed up at court and were told by the prosecutor that "the prosecutor" is the cop's representative at court and the cop doesn't necessarily have to show up for them to get charged.
Has anyone heard anything similar to this or is it just their tactic to force you into pleading guilty ?????
thanks

The OP stated that the cop does not have to be present in court to "get charged" which is true as the charges have already been entered / filed with the court but to get CONVICTED without the key witness / cop is another matter.

[Grimmy]

The OP stated that the cop does not have to be present in court to "get charged" which is true as the charges have already been entered / filed with the court but to get CONVICTED without the key witness / cop is another matter.

Again, on the right line. A Key witness is required. That may or may not be the officer that charged you.

[FiReSTaRT]

You have the right to cross examination. I can't see that ever being revoked.

Just like your right to be presumed innocent until you're found guilty in court?

[Snobike Mike]

Just like your right to be presumed innocent until you're found guilty in court?

Ding ding ding. We have a winner.

Everybody seems to forget that your constitutional rights are being trampled right in front of ones eyes and joe public just takes it.

[Pepper]

I've been in court when people have gotten their cases thrown out because the officer wasn't there.

Sadly, mine was there and I wasn't as lucky Seems if you get dinged in Cottage country, all the cops like to come to court. THe back of the room was full of them!

[froghammer]

I'd get them to put the statement on a chair and then go all hostile witness on it's ***.