Will the DA still have a case if the arresting officer resigns? 2 Answers as of February 08, 2011

If the arresting officer resigns from the police force before the case go to trial, do the prosecutors still have a case since the officer cannot testify?

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Crippen & Cline, LC
Crippen & Cline, LC | Stephen Howard
An officer who resigns may still be able to testify. Officers who retire come back to testify quite frequently. On the other hand, if the officer was forced to resign as a result of misconduct, that may affect a prosecutor's decision to use or not use an officer as a witness.

Assuming that the officer is not available to testify, the prosecutor may or may not still be able to go forward with the case. It depends on what kind of evidence they have in addition to anything the officer might have testified to.

An attorney would need a lot more detail than you have provided here to be able to give you an accurate assessment of the case. You should really contact an attorney for a direct consultation.
Answer Applies to: Utah
Replied: 2/8/2011
Arnold & Wadsworth
Arnold & Wadsworth | Brian Arnold
It still means that they have a case. It also means that you may have some impeachment issues with the officer depending on why he is no longer with that department. I would look more into why he is no longer part of the department and use such to impeach his testimony when you go to trial.
Answer Applies to: Utah
Replied: 2/8/2011
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