Case Dismissed for Failure to Prosecute
My client was charged with leaving the scene of an accident. Interestingly, the first my client ever heard anything about the charges was when she received a court summons in the mail. My client wasn’t in the area when the alleged offense occurred and no police officer ever called her to investigate the matter.
Knowing that the prosecutor would have a hard time carrying his burden of proof, I set the case for trial. The prosecutor refused to dismiss the case and claimed his witnesses would appear at trial.
In September, the witnesses failed to appear, so the judge granted the prosecutor a continuance. When the witnesses failed to appear today, I quickly motioned the court to dismiss the case for failure to prosecute. The judge granted the motion without hesitation.
Takeaway: Too many attorneys look for an easy plea deal so they don’t have to spend much time on the case. Patience and careful maneuvering usually will lead to the best result for clients. DON’T BE AFRAID TO TAKE THE CASE TO TRIAL.