when you get arrested, why does the cop that arrested you have to be there when you go to court?

Question

my husband and i were arrested for battery just over a simple argument. my rights were not read to me or him and i have never been treated so badly in my life. so i guess this is how they treat the military families these days huh? my husband just got back from iraq and this happens. im so stressed. he has to go talk to his commander tomorrow to see what the military is going to do to him. any ideas on that?

and just for the record, we didnt even touch one another, it was just a yelling match. when the cop put the handcuffs on me, i asked her if she could loosen them up like maybe 2 notches because i have ulnar tunnel syndrome and she told me to shut up that she hears that everyday and its just a bunch of bull and i cant wait to wake up from this nightmare.

ONE OTHER THING? SHOULD I BE SO WORRIED????????????????

Answer 1

what it the army's mp's arrested yall ? if so what rights do you want read to you ? they dont have to read a thing to you.

UCMJ

807. ART. 7. APPREHENSION
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this chapter who take part therein.

808. ART. 8. APPREHENSION OF DESERTERS
Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Territory, Commonwealth, or possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces.

809. ART. 9. IMPOSITION OF RESTRAINT
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
(c)A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except for probable cause.
(e) Nothing in this article limits the authority of person s authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

810. ART. 10. RESTRAINT OF PERSONS CHARGED WITH OFFENSES
Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.

811. ART. 11. REPORTS AND RECEIVING OF PRISONERS
(a) No provost marshal, commander or a guard, or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the armed forces, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner.
(b) Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.

812. ART. 12. CONFINEMENT WITH ENEMY PRISONERS PROHIBITED
No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.

813. ART. 13 PUNISHMENT PROHIBITED BEFORE TRIAL
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.

814. ART. 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES
(a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
(b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.

SUBCHAPTER III. NON-JUDICIAL PUNISHMENT
815. ART. 15. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT
(a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the armed forces under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under this article to a principal assistant.
(b) Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial--
(1) upon officers of his command--
(A) restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
(B) if imposed by an officer exercising general court-martial jurisdictions or an officer of general flag rank in command--
(i) arrest in quarters for not more than 30 consecutive days;
(ii) forfeiture of not more than one-half of one month's pay per month for two months;
(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(iv) detention of not more than one-half of one month's pay per month for three months;
(2) upon other personnel of his command--
(A) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;
(B) correctional custody for not more than seven consecutive days;
(C) forfeiture of not more than seven days' pay;
(D) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(E) extra duties, including fatigue or other duties, for not more than 14 consecutive days;
(F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;
(G) detention of not more than 14 days' pay;
(H) if imposed by an officer of the grade of major or lieutenant commander, or above--
(i) the punishment authorized under clause (A);
(ii) correctional custody for not more than 30 consecutive days;
(iii) forfeiture of not more than one-half of one month's pay per month for two months;
(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(v) extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(vi) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(vii) detention of not more than one-half of one month's pay per month for three months.
Detention of pay shall be for a stated period of not more than one year but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement or bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not bee combined with detention of pay without an apportionment. For the purpose of this subsection, "correctional custody" is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as the Secretary concerned may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or forfeiture imposed under subsection (b), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating--
(1) arrest in quarters to restriction;
(2) confinement on bread and water or diminished rations to correctional custody;
(3) correctional custody confinement on bread and water or diminished rations to extra duties or restriction, or both; or
(4) extra duties to restriction;
the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on appeal from a punishment of--
(1) arrest in quarters for more than seven days;
(2) correctional custody for more than seven days;
(3) forfeiture of more than seven days' pay;
(4) reduction of one or more pay grades from the fourth or a higher pay grade;
(5) extra duties for more than 14 days;
(6) restriction for more than 14 days; or
(7) detention of more than 14 days' pay;
the authority who is to act on the appeal shall refer the case to a judge advocate or a lawyer of the Department of Transportation for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b).
(f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(g) The Secretary concerned may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be in writing.

SUBCHAPTER IV. COURT-MARTIAL JURISDICTION
Sec. Art.
816. 16. Courts-Martial classified.
817. 17. Jurisdiction of courts-martial in general
818. 18. Jurisdiction of general courts-martial.
819. 19. Jurisdiction of special courts-martial.
820. 20. Jurisdiction of summary courts-martial.
821. 21. Jurisdiction of courts-martial not exclusive.
816. ART. 16. COURT-MARTIAL CLASSIFIED
The three kinds of courts-martial in each of the armed forces are--
(1) general courts-martial, consisting of--
(A) a military judge and not less than five members; or
(B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;
(2) special courts-martial, consisting of--
(A) not less than three members; or
(B) a military judge and not less than three members; or
(C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and
(3) summary courts-martial, consisting of one commissioned officer.

817. ART. 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL
(a) Each armed force has court-martial jurisdiction over all persons subject to this chapter. The exercise of jurisdiction by one armed force over personnel of another armed force shall be in accordance with regulations prescribed by the President.
(b) In all cases, departmental review after that by the officer with authority to convene a general court-martial for the command which held the trial, where that review is required under this chapter, shall be carried out by the department that includes the armed force of which the accused is a member.

818. ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), general courts-martial have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized by this chapter. General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as noncapital case.

ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than six months, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than six months. A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.

820 ART. 20. JURISDICTION OF SUMMARY COURTS-MARTIAL
Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipman, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts- martial have jurisdiction may be brought to trial before a summary court- martial if he objects thereto. If objection to trial by summary court- martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad- conduct discharge, confinement for more than one month, hard labor without confinement for more than 45 days, restrictions to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.

821. ART. 21. JURISDICTION OF COURTS-MARTIAL NOT EXCLUSIVE
The provisions of this chapter conferring jurisdiction upon courts- martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.

Answer 2

I am still having trouble with the fact that someone actually asked such a moronic question! When you go to court after you have been arrested, do you think that you can just go before the judge and tell your side of the story, and then he or the jury of your peers would render a verdict based soely on what YOU say? Give me a break. There are always two sides to every story, and, when there is an officer responding to a call between two people, then there is sometimes a third side. He is there to report to the court his observations of what he observed when he responded to the call, and to provide the court with an explanation of his probable cause or reason as to why he placed you under arrest. Additionally, he is a "witness for the state" so to speak. If the cop is not there to testify, then there is no case, and it would be tossed and he would most likely be charged by the judge presiding over the case with contempt of court for not showing up.

Answer 3

There is usually are view board to review the circumstances of your situation. These days there are many many bad cops that believe they are above the law.Have pictures of any evidence of abuse.Utilize any witnesses if possible.Go to a free lawyer cosultationReport this to the internal affairs dept of the police department.Write letters to your local newspaper.The cop is present as a witness against you and all judges believe what they say including the lies.You usually don't have the opportunity to say anything in your defense.Because of being disabled, I don't have the freedoms you have to pursue this type of thing.The mental trauma alone can be devastating.medical records associated with the incident can help you.It took a whole year before I could look at a policeman and not experience an anxiety attack. Your charges are probably trumped up. It is an excellent way for the police dept to generate money for the city.This is a difficult situation to be in i wish public opinion and pressure would change things. With time, things will get better, but the memory may linger plus some type of probation, domestic violence classes, possible anger management classes all at your expense.Even their own administrators will admit that there is so much corruption that fixing it is insurmountable. I am truly sorry that you and your husband went through this. Make a difference if you physically,emotionally and spiritually can. my prayers are with you.

Answer 4

The police officers that answered this question before are correct. In the initial appearance (where you plead guilty or not guilty) the police officer does not have to be there. If you plead not guilty and there is a trial, then the officer may be called in to testify as to why you were arrested.

As for being read your rights. A police officer is not required to read you your rights unless you are detained and being asked questions. If you are arrested, put in the car and taken to jail, then they do not need to read you your rights. Miranda rights only pertain to questioning, they have nothing to do with being arrested.

Answer 5

They usually don't have to be there for the initial court appearance. The initial is basically when they determine your counsel whether you are representing yourself, hiring your own attorney or getting court appointed attorney. I would definitely make sure I got an attorney especially since it could effect your husbands job and your families livelihood. What state you are from depends on what type of domestic violence laws and the powers of arrest as well. Good Luck!

Answer 6

The arresting officer is there to provide the court with the probable cause for the arrest. If you should go past the initial appearance then the officer will testify to the probable cause as well as anything he witnessed while on scene.

Answer 7

Because he has either witnessed your commission of a crime or he responded to a complaint of something happens. His investigation then results in your arrest so he has a key role in the Judaical process. To your advantage, you and your attorney will have a change to interrogate him and challenge why he arrested you. If he didn't follow the right procedures (such as reading you your rights) this could result in your case being thrown out. You need an attorney.

Answer 8

In most states, in cases of spousal abuse, the arresting officer is the one who presses charges, not the victim. That way the suspect cannot blame or pressure the victim into not pressing charges... it is out of their hands.

As far as not being read your rights, it is not required for a misdemeanor arrest. It would also not be required in a felony arrest if the arresting officer did not question you once you were in custody. You would be read your rights when you were questioned at the station.

Answer 9

It depends on what you are arrested for; and what court apperance. Having arrested a lot of offenders I never go to arraignments and rarely to pre trail hearings and such. Much of those items are represented by my reports; and the only time I have to go is when the defendent requires a trial and my testimony is needed.

Answer 10

Because the Police Officer that arrested you will have to testify to the reason why he arrested you. If he doesn't show up in Court, it could either be thrown out of Court or continued.

Answer 11

Because he is the #1 witness to the incident. If that cop doesn't show up, often the case will get thrown out of court, especially if it is a relatively minor incident, such as a minor traffic infraction.