An officer who was about to testify for the prosecution in a motion to suppress leaves to respond to a shooting. There were dozens of police at the crime scene but the officer left before testifying and I was rescheduled. Is this typical in such a situation?
Answer
Such things are relatively commonplace, and most judges will usually accommodate the DA's request to continue due to such events, except in very old cases that have been repeatedly continued by the prosecutor. Your lawyer can certainly try to get the case dismissed -- or insist the trial go forward without the officer (without whose testimony the prospects of a successful defense are likely better), but probably this will not work barring unusual circumstances or those just described. Probably no harm in trying, however.
Good luck.
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