The car was pulled over for allegedly running a stop sign. When the officer got out of his cruiser he went straight to the passenger side door and told him to get out of the car he was being detained. When he asked what he did the officer pulled him out and handcuffed him. The first time he patted him down he found nothing. The second time he patted him down, he ran a finger up the man's butt crack and found drugs. At this point he still hadn't been arrested or given his Miranda warning. He said he went to his side because he was clammy and nervous and showing symptoms of withdrawal. He then took him to the hospital for being under the influence. For his preliminary hearing, the arresting officer was notified by the D. A when to be there. When the hearing begun and he wasn't there the magistrate judge called him. He said he wasn't aware of the hearing and the magistrate gave him 15mins. He still didn't show. Shouldn't the charges be dismissed the refiled? If the defendant didn't show there would have been a warrant issued for his arrest.
This is a question for passenger's attorney, as I sure hope he has one.
What happens next is up to his attorney, prosecutor and judge. Do not equate this to a defendant not showing up.
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