What happens if an officer

And they think we can continue the case to make the officer less likely to show up. Unfortunately, those are basically traffic defense myths, at least for Virginia traffic cases.

Unfortunately, as a lot of things in law, the answer depends. Now that rule does vary depending upon the county or the court where your case is pending in. Such as they are sick or perhaps a death in the family. Or some official duties that pulled them away. Most of the time, the officer is present in court because they have lots of other cases that day.

So it could be your lucky day, even if the officer has fallen ill. As explained, states have singled-out assaults or batteries against police officers for special treatment, but they don't always write separate laws for these situations.

In states that do write separate laws, there is a stand-alone crime called "battery against a police officer;" other states will have a crime called "assault against a police officer.

The name of the crime is not important; the type of behavior prohibited by the law is what is important. Generally, in order to convict a person of the crime of battery against an officer the prosecutor must show that the defendant:.

In some states, the defendant must actually cause injury to the officer. The degree of injury required is usually pretty slight and a bruise or a cut will qualify.

Causing serious injury to a police officer, such as a broken bone or a gunshot wound, is almost always a very serious crime, punishable by many years in prison. Under the laws in most states, police officer is defined broadly. Battery against an officer can be committed against a variety of law enforcement officials, such as:.

Sometimes, district attorneys, attorneys general, and state employees who enforce regulatory rules, such as building inspectors and wildlife and fisheries employees, are also protected.

In most states, the crime of battery against an officer can be committed only when the officer is performing official duties or acting as a police officer. The officer does not necessarily need to be on the clock as long as the officer is performing a job duty.

Examples of official duties include making an arrest even if the arrest is illegal , directing traffic, and conducting an investigation. In most states, in order for the crime of battery against an officer to be committed, the defendant must know or have reason to know that the victim is an officer and is performing the duties of an officer.

You do not have to answer questions about where you were born, whether you are a U. Separate rules apply at international borders and airports as well as for individuals on certain nonimmigrant visas, including tourists and business travelers. How to reduce risk to yourself Stay calm. Do not lie or give false documents. Keep your hands where the police can see them. What to do if you are arrested or detained Say you wish to remain silent and ask for a lawyer immediately.

If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.

They can and often do listen if you call anyone else. Get contact information for witnesses. In most cases, you can file a complaint anonymously if you wish. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.

Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states see here you must affirmatively make people aware that you are recording them.

Understand consent. As a general rule, if a police officer doesn't suspect you of a particular crime, you don't have to answer questions or submit to a search we discuss the exceptions, below. However, if you consent—that is, you agree to talk to a police officer or agree to be searched—the information provided can be used against you or against others.

In other words, your consent permits the officer to do what the officer is otherwise not permitted to do. If you do agree to answer a police officer's question or submit to search, keep two things in mind: you can always withdraw your consent if you don't want to continue, and there is no "off the record" when you provide information to the police.

The police also don't have to inform you that your consent is optional. Providing I. In many states, a police officer can stop you in public and require that you provide identification, even if there is no reason to suspect you of criminal activity.

In some states, failure to identify to a police officer is a crime. In all states, drivers who are stopped for driving infractions must furnish identification when requested. No "Miranda" needed. If a police officer has not taken you into custody or prevented you from leaving, the officer can ask you questions without reciting your Miranda rights. The information you provide can be used against you. Miranda rights must be read to a person only when the person is being interrogated and is in custody not free to walk away.

Delay, if necessary. If you are not detained or in custody, you can always delay answering questions by asking the officer to return at another time.

That may give you an opportunity to learn more about the law, weigh the consequences of your answers, or speak to an attorney.