It may surprise some people, but police officers do sometimes get arrested. A quick Google search will quickly uncover several examples in South Carolina alone. When that happens, many people with pending tickets or criminal cases want to know what this will mean for them. We encounter these situations several times a year, and are on the lookout for the opportunities these situations present to our client's cases.
Immediate Suspension from Duty
As soon as a police officer is arrested, they will almost always be suspended from law enforcement by their agency. This is true even for misdemeanor charges. Because of that suspension, the officer may be unable or unwilling to voluntarily appear in court. If your case depends on that officer’s direct involvement, their absence can have a major impact.
Impact on Traffic and Misdemeanor Cases
For traffic tickets or lower-level misdemeanors, the arrest of the officer almost always leads to dismissal. This is especially true if that officer was the only one who witnessed the violation or was solely responsible for making the arrest. Without the officer’s testimony, the government usually has no case. For example, when a Highway Patrol is involved it can result in all their pending DUI cases being dismissed.
More Serious Charges in General Sessions
In felony cases, the situation is different. Cases in General Sessions court are prosecuted by the Solicitor’s or Attorney General’s office. In many of those cases, the arresting officer is not required to be in court for the case to move forward. If prosecutors can present the evidence through other means, the case may continue.
That said, if the officer’s arrest relates to dishonesty or another significant issue, it can make it much more difficult for prosecutors to go forward. Even if the case is not dismissed, it may lead to more favorable plea negotiations for the defendant.
Other Situations That May Affect a Case
Cases may also be affected if the officer is involved in an internal investigation or disciplinary proceeding, especially if dishonesty is alleged. Other common situations include when an officer quits or retires from law enforcement, moves out of the area, or passes away. In these situations, the absence of the officer can also result in dismissals or better plea offers. We've seen situations involving a municipal court in Lexington County where a special term of court is scheduled just so the court can process dozens of dismissals for a former officer.
What This Means for Defendants
Every case is different, but an officer’s arrest or departure from law enforcement often creates opportunities to have charges dismissed or reduced. It is important to understand how to evaluate these situations and negotiate with prosecutors when the officer who arrested you is no longer available. Sometimes prosecutors or courts are quick to just dismiss these cases, otherwise they may act like they are going to go forward even when this would be impossible.
If you are facing a criminal charge in Columbia, SC or Lexington, SC, contact the Criminal Defense Lawyers at the Law Office of James R. Snell, Jr., LLC. We offer free consultations, and same-day appointments are usually available. Call us at (803) 359-3301.