Or is this up to the police officer, his discretion? Can they deny me this. Is there a particular law or right I have to do so or which allows me to do so? Seems they are taking sides and hey the crime is being committed on me. Mainly harrasment but the officer claims that since he did not witness anyone breaking the law then he will not allow me to sign a ticket. What are my rights?
2007-03-22 16:34:03 · 7 answers · asked by bdat40oz 2 in Politics & Government ➔ Law Enforcement & Police
Depends on the type of crime, If it is a misdemeanor, only a police office can sign that ticket. If it was a felony then you could sign a complaint and force the law to act. This varies state to state on degree of felony. Check with your local DA.
2007-03-22 16:50:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This is very dependent upon state law.
In my state ...
837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
A peace officer in CA MUST accept the arrest. However, he can dispose of the arrest in one of three ways:
(1) Book into jail (felonies and misdemeanors)
(2) Cite and release (for misdemeanors and infractions)
(3) Release without charges (insufficient probable cause to make the arrest at this time)
If the suspect is no longer on the scene, the officer can certainly take a report for the given offense and forward it to the District Attorney. However, there is nothing in the law that says the police have to take a report for every alleged offense. If an officer refuses to take your report, then you can always complain to his or her superiors. if the police department is not responsive to the needs of the community, political pressure can often effect a change.
- Carl
2007-03-23 01:32:22 · answer #2 · answered by cdwjava 3 · 0⤊ 0⤋
A private citizen can prosecute a person for a crime, irregardless of whether it occured in the police officers presence. You actually have the right to make a citizens arrest in most states. In this case you need to see the magistrate or Judge in your county and attempt to sware out a warrant. The judge will listen to your information and see if there is probable cause to believe a crime was committed and whether there is cause to believe the person you alledge committed the crime. If all these factors are believed by the court, then they can issue an arrest warrant, which requires officers of the law to arrest the person and bring them before the court. So, yes you can attempt to prosecute on your own. It happens everyday in courts all over the country.
2007-03-23 00:49:44 · answer #3 · answered by The Law 2 · 0⤊ 0⤋
Different states have different laws. Therefore, you'd be better to ask an attorney where you live.
If someone is harassing you, you could speak to the County District Attorney's office and get a Protection From Abuse Order.
2007-03-22 23:38:58 · answer #4 · answered by Yinzer from Sixburgh 7 · 0⤊ 0⤋
Harassment is a violation and has to be committed in the officers presence, so no, there isnt anything you can do.
2007-03-22 23:37:11 · answer #5 · answered by zebj25 6 · 0⤊ 0⤋
You can notify the police. If they don't respond, you can notify the local prosecutor (district attorney). But it's generally up to the police.
2007-03-22 23:36:21 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋
dont be a pansy and call the cops. do something about it yourself.
2007-03-22 23:56:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋