What happens if neither the judge or prosecution showed up for court?
Question Details: I had a court date after receiving a speeding ticket and both the judge and the prosecuting officer did not show up. I am 100% certain I was at the right time and place because the county clerk confirmed it and said that the judge was on vacation and the cop just didn't bother to show up. Apparently, when the officer gave me my ticket, he intentionally picked a day that he knew neither of them would be there because he was so certain that I wouldn't show up that it would be an easy win for them. The reason he was so certain is because I had an out of state driver's license for a state that is 8 hours away from where we were. However, I go to school part-time 2 hours away from where we were which is what he didn't know and drove 2 hours at 7 am and skipped class and work to be at this court date and then neither the judge or prosecutor decided to show. What are my options because I cannot afford the gas to make another 4 hour road trip nor can I afford to miss class or work because I am struggling just to make ends meet. Can I demand that they dismiss the case, for lack of prosecution or lack of judge if that is even a thing? Also, there was no notice sent to me at my address, which was confirmed by the clerk.
No, unfortunately, a case is essentially NEVER dismissed for lack of prosecution on the first "return" (or hearing/trial) date. Instead, you have to *after* the first delay or missed date request at the next hearing, if it is not heard or progresses then, that it be set to be dismissed if not heard on the *next* date after that. For the first missed date, they will almost always jsut reschedule.