My boyfriend and I were leaving a party when two girls were coming (one who liked him). They started to jump me, but didnt know his girl cousins were close behind. So they ended up getting beat up pretty badly. The girls then went to the police, acted like they didnt know him, "picked him out of a lineup" and the police charged him with battery and robbery (because their purses were stolen) Now I was there, and know it didnt happen like that. I have talked to the detective handling the case now and he claims there is nothing that can be done since the warrant has already been issued. Had the police done their job investigating the crime in the first place it wouldn;t be on him, but it is until he goes to court. How can this be possible. His cousins even went and admitted to the crime. I was originally the victim, and now he's the one in trouble. This doesnt seem like it should be possible. How is it??
2007-03-15 05:56:08 · 13 answers · asked by ~*Girly Girl*~ 1 in Politics & Government ➔ Law Enforcement & Police
I can understand your frustration, however, it doesn't seem appropriate to blame the police for not investigating the incident.
By your own volition you've stated that the police were contacted by the individuals who went to the police department and positively identified those responsible out of a line up.
The problem is the police were given false information! This is pretty sad that people resort to lying which is also an arrestable offense when the lie is used towards the police investigation of a crime.
In my own state, I would charge the individual giving false information as well!
It is my best bet that the investigating officer will present his report of investigation to the judge to include the information provided by yourself and the fact that he was lied to by the "witnesses" who provided the "positive identification."
The judge will make things right when the case comes to trial. There is little doubt that the officer has all the persons involved on a list that will require all their presence on the court date. Until that time....the officer has, I'm SURE, put ALL the facts in a report that you possibly haven't seen!
Best wishes!
2007-03-15 06:18:09 · answer #1 · answered by KC V ™ 7 · 0⤊ 0⤋
Go to the Police Department and speak directly with the Chief of Detectives and explain your story to Him If there are any other witnesses, take them with you,(Cousins), and further tell the Detective that you want to file Charges in your boyfriends behalf against the two girls for falsification of a Legal Document and for "Filing a False Police Report". If He's incarcerated, Talk to His Attorney and have Him file a Writ of Habeas Corpus/Motion for Evidentiary Hearing and ask the Judge for a P.R. bond. Since YOU were the oringinal "Intended Victim" you may also go to the Police and file "Assault" or "Attempted Assault/Battery" on the two girls.
As far as how the Police can Issue a warrant, all the Police need is a Victims Outcry Statement to issue a warrant for Probable Cause. Last but not least, You might draft a Complaint against the Police Department for Fasle Arrest and/or Deriliction of Duty, as it is the Responsibility of the Detectives investigating the Case to "Verify" allegations "Before" they make an Arrest. If you have any proof that the Police knew of the possibility of His Innocense then a False Arrest Complaint CAN and SHOULD be filed. Police today really don't investigate thoroughly enough before an Arrest but instead as they are so fond of saying, "Let the Judge Sort It Out" or "Tell It To The Judge".
Seriously People NEED to start invoking their Constitutional Rights AGAIN, and bring this Country Back to
*WE THE PEOPLE*!! I hope this helps.
GOD BLESS/GOOD LUCK!!
2007-03-15 06:44:07 · answer #2 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
The officers obviously had probable cause to charge him at that time. Could a more thorough investigation have been done or was it necessary? I have no idea, but possibly. Keep in mind that an arrest is not a conviction until the judge says so. Document all the info that you have that can help your bf's case, round up any witnesses, and go to court as a witness yourself.
Good luck.
2007-03-15 09:04:26 · answer #3 · answered by Hootiesplace 3 · 0⤊ 0⤋
They can do what they did. Application for warrants are based on signed, sworn statements obtained by the victims. You may not be aware of it but playing the devil's advocate the police may have attempted to locate your pal for an interview and failed. Therefore the warrant is based upon the statements.
So...your role in this is to ensure his attorney calls you out and testifies in his behalf. If his cousins admitted their role in this and exonerated him then the prosecutor will make a motion to "decline prosecution" and the case is tossed out and a warrant is done for the cousins.
My advice to you is to avoid attending events where hooligan ex-girlfriends of your beau tend to congregate.
2007-03-15 06:08:46 · answer #4 · answered by Quasimodo 7 · 2⤊ 0⤋
It sounds like the police should have done a better job investigating; however, if the girls that got beat up went to the police wanted to press charges against him they could.
If they had marks on them from getting beat up, the police probably saw that and went to arrest him.
2007-03-15 07:57:55 · answer #5 · answered by evil_paul 4 · 0⤊ 0⤋
The cops can do whatever they want to because they have a shiney badge, no morals, no ethics, power hungry complex, a big gun, and probably small penis'!!!!! HAHA yea growing up in Chicago I saw the cops do a lot of immoral things. I've seen them plant drugs and guns on innocent people, beat people into writing and signing statements addmitting to crimes they didnt commit.This **** needs to stop. You must get a GOOD lawyer-one that really defends the people and doesn't just want your money- Go to the library and read the law books and build a case. The cops think they are untouchable but the truth is they are not! If the proper actions are taken that situation can be fixed-After all they were not there when the fight started and you were- that makes you a wittness and a victim- TAKE IT TO COURT!!!!! FIGHT THE CORRUPT COPS! If we dont stand up for our constitutional civil rights then we will lose them-
2007-03-15 06:17:17 · answer #6 · answered by 7-12mobb 2 · 0⤊ 3⤋
The police don't issue the warrant. Judges do. The police have to ask a judge for one. Civics 101.
2007-03-15 05:59:55 · answer #7 · answered by Ben H 5 · 0⤊ 1⤋
A judge issues a warrent based on probable cause, or evidence the police presents to him.
2007-03-15 08:40:07 · answer #8 · answered by WC 7 · 0⤊ 0⤋
well if the police could get warrants then they'll be more corrupt than they all ready are. Thank god they have to get it approved by a judge.
2007-03-15 09:46:03 · answer #9 · answered by L3monDr0p 4 · 0⤊ 0⤋
i bet the cops didn't go wake up the judge in the middle of the night to issue a warrent for an *** beating u should get a good lawyer and file a lawsuite for false prosicution
2007-03-15 06:00:26 · answer #10 · answered by native_pride_666 2 · 0⤊ 2⤋