What is the law that states a case can be dismissed if an officer doesnt submit a declaration? 3 Answers as of July 04, 2013

What is law that states that if an officer does not submit his declaration in a trial by dec., that the case is automatically dismissed?? Is it the same law as the one stating that non-appearance by an officer at a court trial requires dismissal of the case - if so what is that code re non-responses by officers. CA Penal Code 1385(a) The judge …her own motion…order an action to be dismissed; CA Penal Code 1387(a)(3): An order terminating an action…is a bar to any other prosecution for the same offense … , where subsequent to the dismissal...the judge finds …(3) That the termination of the action was the result of the failure to appear by the complaining witness…; CA Constitution§3: "The powers of state govt. are legislative, executive, and judicial. Persons charged w/the exercise of one power may not exercise either of the other powers except as permitted by this Constitution."

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
If the case is a criminal case, an officers declaration is not necessary for the District Attorney (DA) to go forward with charges. If the DA does not have enough evidence to press charges there will be no case.
Answer Applies to: California
Replied: 7/15/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The Law is not a code section, but various case decisions. You have asked this and been answered before. As I understand it, the case is over. If you want to pursue a timely appeal, then hire an attorney, unless you know how to effectively represent yourself in researching an appeal. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Stephen Pearcy
Law Office of Stephen Pearcy | Stephen Pearcy
The bottom line is whether the DA has enough evidence to show probable cause at the preliminary hearing.
Answer Applies to: California
Replied: 7/4/2013
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