2006-10-21 18:53:23 · 8 answers · asked by sweet pea 1 in Politics & Government ➔ Law & Ethics
thank you for your answers but i'm not the victim. i was told by a friend that chuck recently passed a law that the police were to arrest the perpetrator whether or not a complaint was filed or not. i just want to know if that is true. thank you
2006-10-21 19:02:42 · update #1
judy i think that you are absolutey right. i just witnessed an episode in my neighborhood and just wanted to know what the laws actually were.
2006-10-21 19:06:09 · update #2
That is what they do in New York. People seem to not understand, a victim is a witness. They do not file the charges the State does. It is up to the state to file charges, and if they can prove the case without the victim they will.
Victims file complaints, but other witnesses or police can also file complaints. If there is probable cause to believe a crime has been committed the police will make an arrest. If there is enough evidence to indicate a crime can be proven prosecutors will decide and file the charges.
2006-10-21 19:11:18 · answer #1 · answered by strangedaze23 3 · 1⤊ 0⤋
If the police see evidence of abuse, they will arrest the person doing the beating. After that, it is up to the State's Attorney to file charges. The victim can ask the SA to drop the charges, but it is totally the SA's option. If there is not much evidence other than the victim's report, he can't make a case in court. But if he does have evidence (pictures, medical reports, etc.) he can go forward with the charges regardless of what the victim asks him to do.
2006-10-21 19:24:00 · answer #2 · answered by bestguessing 3 · 0⤊ 0⤋
If police respond to a domestic violence call and there is evidence that one or both parties involved have been injured the police will make an arrest even if neither party wants to pres charges.
2006-10-22 01:29:34 · answer #3 · answered by d b 3 · 0⤊ 0⤋
the victim has to file charges.the only time the state picks up the charge without a victim statement is when it's a murder. the police can remove one of the combatants for 24 hours not arrested but made to leave the premises. the victim has to press charges.
2006-10-21 18:59:57 · answer #4 · answered by Anonymous · 0⤊ 2⤋
they can take the least beat up to jail overnight, and call an ambulance for the other person. why would you not press charges? Do you think it isn't going to happen again if you don"t, or do you just like being beat?Too bad the whole world isn't like Canada where the cops file charges if the victim refuses to
2006-10-21 18:58:31 · answer #5 · answered by judy_r8 6 · 0⤊ 2⤋
the states attorney could file charges on is own if he had enough info and evidence. Chuck is big on domestic abuse.
2006-10-21 18:57:44 · answer #6 · answered by mike m 1 · 1⤊ 0⤋
The police cannot do anything if there is no complainant under the Rules of Court.
2006-10-21 18:57:11 · answer #7 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
she needs to press charges
2006-10-28 03:45:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋