If no charges were pressed against someone but there was a Incident Report and Waiver of Charges signed by the victim, can charges later be pressed or can an officer decide to press charges or take any legal action themselves, just a random thought.
2007-01-13 11:46:44 · 21 answers · asked by Borsch Red 1 in Politics & Government ➔ Law Enforcement & Police
Once an official complaint is filed. The alleged victim by law cannot withdraw the charges. The act by the suspect is first a crime against the State - the victim though sounding harsh is a witness of a States crime. I in 32 years as a police officer have never heard of such a law or rule where the victim signs a paper waiving charges against a suspect. This sounds like a paper decision to prevent future law suits against the police agency if the victim is later seriously injured by this same suspect. Charges can be nol pros in a court of law before a judge if the witness refuses to testify or lack of evidence - but once a report is filed the suspect can be charged up to a year for a misdemeanor and 3 for a felony less then murder.
2007-01-13 17:24:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
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2016-06-12 03:25:41 · answer #2 · answered by Janice 3 · 0⤊ 0⤋
Yes, police officers can release unconditionally after an arrest. Sometimes, cops just need to arrest just to calm things down, but they can't just pick someone out at random. This is usually used in a protest gone bad, or another scenario with loads of people. They won't do that when a subject has been caught, say, shoplifting. They do have that power to arrest and release, and yes, they have to write an incident report to cover why they had to lawfully detain someone against their will (I'm not too sure what a waiver of charges is though). Unofficially, they usually release when the subject has been co-operative and not resisting. This keeps the justice system unclogged as much as possible (it's clogged enough with petty things like people stealing a candy bar).
As for pressing charges later, I don't think so, nor can I think of any scenario that can fit that.
2007-01-13 11:59:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In domestic violence cases, states are cracking down really hard on those these kinds of crimes. Most states now pick up the charges no matter what now. Of course an officer has to see probable cause that the crime actually was commited.
Charges can later be filed, if they are filed in a timely manner and if there is still evidence that a crime was commited. There are things called statutes of limitations. Depending on what the classification of the crime is how long you can wait to report the crime. Basically, if you wait too long, charges cannot be pressed. Again though, you will need to make sure there is actually still evidence for the officers, invesigators, and courts to work with.
2007-01-13 13:16:02 · answer #4 · answered by deftonehead778 4 · 0⤊ 0⤋
Yes, take the case of domestic violence. If a police officer is called out to investigate such an incident , and finds definite signs that the woman, or man is abused, then the officer is mandated by law to arrest the agressor, even if the victim refuse to press charges.
2007-01-14 00:02:32 · answer #5 · answered by WC 7 · 0⤊ 0⤋
every physique is below this false impression that every physique is those to press costs, while in certainty that's the police that press the charges. Police tend to choose the opinion of the sufferer, yet while there is information to teach this would have surpassed off, the police are those that actual press the charges, not the guy who's the sufferer. As others have stated, maximum states now have a regulation that states if a family members disturbance has surpassed off, somebody (regularly the male) would desire to be arrested, in spite of no remember if the sufferer needs to press costs or not. that's simply by fact police have been getting ill of being talked approximately as out to those disturbances and the sufferer not desirous to press costs. an ordinary decision to not desirous to press costs is to not call the police interior the 1st place... even if i could in my opinion propose against that. A witness can not press costs. If a homicide happens and the police can pinpoint who the doubtless suspect is, that guy or woman would be arrested, little doubt approximately it. as quickly as the officer presses the charges, the state formally costs the guy and the state is the only that convicts, not the sufferer.
2016-10-19 22:51:52 · answer #6 · answered by ? 4 · 0⤊ 0⤋
It is a common myth in the United States that victims of crime can "press charges." Victims of crime DO NOT "press charges," nor do police officers. Only the district attorney's office can press charges against someone accused of a crime. A victim can decide to cooperate or not cooperate, but they have no control over whether or not charges will be brought against the accused.
2007-01-13 11:56:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Where I am from you can not Not press charges when dealing with Domestic Violence. Even if the "victim" does not wish for the "suspect" to be arrested we have no choice. The state will pick up the charges.
2007-01-13 11:50:26 · answer #8 · answered by mikey 3 · 1⤊ 0⤋
It depends on the State and the offense. In Michigan, you can still be arrested for domestic violence even if the victim doesn't press charges.
2007-01-13 11:49:57 · answer #9 · answered by Billy J 1 · 1⤊ 0⤋
yes they can.. officers can take legal actions even if the victim decides not to press charges
2007-01-13 11:49:58 · answer #10 · answered by Anonymous · 1⤊ 0⤋