Can a police officer drop a charge himself?

Question

OK recently I got a charge for resisting arrest which sounds like a fought back or what have you but I assure that I did nothing of the sort he said " I am taking you to the hospital and I said no I aint going to the hospital" I was then slammed up against a wall and knocked unconscious later to wake in the hospital with stitches from where I was slamed I was also given a notice to appear in court for resisting arrest if I had known not agreeing to go the hospital would mean I was ressiting arrest I would have surely agreed so the reason I ask is b/c this whole thing in my opinion was a big misunderstanding so I am wondering that if I can talk to the officer and explain this to him and tell him that I am sorry for any trouble that I caused him (not that he will necesarily) but does he have the power to drop the charge before I have to go to court for this b/c when I talked to the circuit clerks office today the said it is not on record yet and the states attorney has to file it first

Answer 1

You always have a legal right to refuse to go to the hospital -- unless a court orders you to go. An officer can arrest you, but if you refuse to go to the hospital, they cannot compel that.

Also, if he slammed you hard enough to knock you unconscious and require stiches, that's a federal civil rights violation.

Don't speak to the officer. Contact an attorney.

Answer 2

The police arrest you. The court charges you so the police officer cannot drop the charges. Right or wrong, the police can accuse you of resisting arrest whether or not you believe that you did.

Do not contact this police officer. Obtain an attorney.

Don't put much credit in what your are told by a the clerk's office. The paper work probably hasn't made it through the system yet.

Answer 3

Holy cow. Hire an attorney immediately. In my opinion, the only reason you got charged with resisting arrest was so that officer could cover his own butt for beating you up so bad.

No, I wouldn't contact him. Not without speaking to a lawyer first. If it was me, I would be considering legal action against the officer and/or police department.

Answer 4

I suspect something is missing from this scenario. You can not be forced to go to the hospital unless there are some extenuating circumstances or an involuntary commitment order. Why did the officer want you to go to the hospital?

Answer 5

The officer can not do that. Once the charge is filed, it is not the officer's call anymore. It will be up to the State to decide the filing.

The officer could talk to them, but I doubt that they would.

Answer 6

first, just sit tight. sometimes they just drop it of their own accord. if you go back and track down the officer to 'try to explain' it will just get you in more trouble.

IF they charge you, ask for an attorney or hire one if you can. ask the attorney to try to get them to drop the charges.

Third, don't talk so much. That gets people in trouble more than anything else.

Answer 7

Well, in Chicago, if the Cop does not show up to your initial hearing, charges are sometimes dropped.

Still- If your story is completely honest and not with-holding important information, then this case smells fishy to me. See a lawyer, who knows it might be your personal lottery.

Answer 8

talk to the officer and tell him you are sorry?? Been smoking crack again? I don't know if they can but doing so would indicate the officer was incorrect in the first place. It ain't gonna happen.

Answer 9

get a paid legal defense about 4000usd