Does the truancy officer who actually wrote me a citation have to be physically present in court?
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Does the truancy officer who actually wrote me a citation have to be physically present in court?
The truant officer wrote me a citation for truancy but I was never properly served. Now I have a court date for this but the officer who issued the citation is no longer employed here so a different new truant officer is showing up to court instead.
Asked on July 9, 2019 under Criminal Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you "not guilty" and go to trial, if the state can't produce the officer who cited you, then unless they have some other evidence of your truancy (e.g. emails or texts from you, admitting your truancy; other witnesses who can testify they were with you when you should have been in school; etc.) they will lose their case: they have to have evidence, including witness (e.g. the officer) testimony. On the other hand, if they do have other witnesses or evidence, then they don't need the truacy officer and can proceed with the case without him or her. The fact that he/she wrote the citation is irrelevant; all that matters is can they prove truancy?
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