2006-12-29 07:01:16 · 7 answers · asked by wcfiremen06 2 in Politics & Government ➔ Law & Ethics
You cannot prosecute them criminally without first filing a police report with your local LEO. Once submitted, your prosecutor or DA will determine the merits of your complaint and decide to press charges regardless of your consent. Only the State can file criminal complaints against individuals.
You can, however, file civil complaints, the most pertinent and common being a TRO.
2006-12-30 15:39:28 · answer #1 · answered by syaw10 3 · 0⤊ 0⤋
You have to remember that words are not criminal. However, if a reasonable person would fear for their safety then you have a better chance of having something done like getting a TRO. It would be your burden to prove, and it is not easy. You can file a complaint against the person but they wont be arrested. Words can become criminal when you have proof that they have followed through on a threat before. As in someone saying they are going to beat the heck of you and then they do it or attempt to.
2006-12-29 07:47:11 · answer #2 · answered by ? 2 · 0⤊ 0⤋
Yes you have the right to file a complaint and have them arrested....HOWEVER.....You had better be able to proveit or it may backfire and have you in jail for filing a false report...Usually the police will not arrest someone on the word of one person for a matter of this nature...In otherwords..If you go in and say Joe X threatened to kill me...they will ask for more info and if there were any witnesses. If not you will probibly be told to file for an Order of Protection from that person and they will NOT be arrested but will appear in court to have the Judge se if protection is needed...BUT then again if you cant prove it you may be the one in the hot seat....I am not a lawyer and this is my OPINION as I understand the law...for reall advice seek out a LAWYER and ask them...most will give a free intital consultation...
2006-12-29 07:15:33 · answer #3 · answered by Real Estate Para Legal 4 · 0⤊ 1⤋
You can file a complaint against that person, and if they keep on with the threats and you keep filing complaints, a warrant will be issued for terroristic threatening.
If they come to your house to carry out the threat, after you file the complaint, it will be on record and you can legally defend yourself. Shoot the $%#&er.
2006-12-29 07:07:35 · answer #4 · answered by here and now 2 · 0⤊ 0⤋
You cannot have them arrested for threatening you but if they threaten you and then come over to your house you can have them arrested, especially if they come over with a weapon.
2006-12-29 07:35:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it depends. What is the nature of the threat? if its serious, certainly report it and your law enforcement folks will decide what should be done
2006-12-29 07:10:10 · answer #6 · answered by Lane 4 · 0⤊ 0⤋
You sure do
2006-12-29 07:08:15 · answer #7 · answered by tnbadbunny 5 · 0⤊ 0⤋