Brandon Barden, an NFL tight end for the Tennessee Titans, had his charges for DUI dismissed after the arresting officer failed to show up for court:
“If the officer doesn’t show for court, everything is dismissed,’’ said Debbie Pruett of the Lincoln County probate office. “Brandon had an attorney and she requested it be dismissed for a lack of prosecution and the judge had no bearing to change it. It’s completely closed. . . .
“It is rare that they don’t [show up], but I think the officer had worked the night shift.”
Regardless of guilt the law requires that the prosecution bear the burden of proving their case against the accused. Since an officer is involved with arrest part of the case it is vital that they participate in court otherwise the prosecution has nothing to work with.
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