Why do police officers ask if you want to "press charges"?
The answer is actually very simple. With very few exceptions, police officers cannot arrest for a misdemeanor crime that is not committed in their presence. Say your neighbor and you are arguing, and your neighbor pushes down. Your neighbor has just committed the misdemeanor crime of Battery. You call the police. My partner and I respond, and you tell us what happened. I talk to your neighbor, and he corroborates your story. So I have no doubt that your neighbor committed the crime of Battery. But since Battery is a misdemeanor, and it was not committed in my presence, I cannot arrest your neighbor. In order for your neighbor to be charged with Battery, you must make a citizen's arrest of your neighbor. When I ask you, "Do you want to press charges?" I am basically asking if you want to make a citizen's arrest of him. If you say "yes," I put the cuffs on your neighbor and take him into custody. I will have you tell your neighbor that you are making a private person's arrest for Battery. You technically make the arrest, and I simply accept the arrest from you. If you tell me that you don't want to press charges, then I simply make sure that the peace is kept, and I leave. The other reason I will ask if you want to press charges is because even if another person committed a felony against you, and I don't need your cooperation to make an arrest, I want to find out if you are desirous of prosecution and willing to cooperate with the investigation. Sometimes even a felony is not worth trying to prosecute if the victim doesn't want to help.
Is it worth it to press charges on a police officer or can they lie?I want to preface my thoughts with this disclaimer: I am not an attorney or an officer of the law.With that said, it isn’t clear what charges you wish to pursue against a police officer or why. Of course, any human being, including officers of the law, “can” lie. Police are as capable of lying as anyone else. And, as far as I know, the only time charges could be pressed against anyone, police officer or not, for lying would involve perjury - lying under oath in a court of law.If you are aware of an officer committing a crime, the decision, if any, to “press charges” would not be made by an ordinary citizen, but by a duly authorized prosecutor. Are the charges you are referring to also documented by video, witnesses, written records, etc.? Did you or someone else suffer irreparable harm from the officer’s actions? If an officer were to lie under oath, could the perjury be disproved?It should be noted that judges are not stupid and can ask questions that expose lies regardless of who is telling the lie. Perhaps you will want to discuss your question with your District Attorney.On the other hand, I think that it would be difficult, if not impossible, for the police to conduct police business, including undercover “sting” operations, while disclosing their true identities and facts. All “lies” are not actionable.
No.Police can't press for charges against an accused when there is no evidence against him or her. Evidence collected, NOT the whims and fancies of the cops, is the basis for framing or not framing charges.If you believe that you have committed no crime, yet police have pressed for charges against you, it is a clear indication to police fabricating false evidence against you. Do not give up. Through cross examination your lawyer can find out contradiction in the evidence collected that goes infaour of you.
Yes, it's called obstruction of justice. That's why you never answer a cops questions. If you don't talk to them you can't lie to them.Police can lie to you , but you cannot lie to them.Most people get arrested by attempting to talk their way out of an arrest. SHUT UP!!!! If the cop ask why don't you answer just tell him several lawyers told you so.Always ask another question when the cop asks you a question.Question, How do you tell when a cop is lying?Answer, if his lips are moving he is lying.Ps. Witholding the truth is lying also. Police like to do this.
Can a police officer search a minor without permission of a parent in the state of Virginia?
They do have the right to "pat" you down. A right given to law enforcement under the landmark case Terry v. Ohio. If they smelt burning or burnt marijuana coming from your car, they have every right to search it as well. They have evry right to question you about it since it was your car. However, if they are going to ask you questions that may be used against you in court, you should be advised of you Miranda Warnings before hand. Your friend got a ticket for tobacco and you got nothing. One of two possibilies here. You may have gotten off scott-free or the officer could have documented the evidence and forwarded the information to the juvenile court for them to decide if they will pursue charges against you. This would occur because possession of marijuana is a felony, whereas the tobacco is strictly a status offense. The police have approximately 7 years to file charges for a felony offense. And yes, they can do all of this without ever having spoken to your parents first. The only time they are required to notify your parents is when you are in custody and being charged with a crime. They then have a duty to notify a parent or guardian. They would do that for two reasons. 1) To arrange for a parental release in lieu of transport to juvie. 2) If the chages are significant enough, they may have to put you in juvie. If they are, they have to notify your parents before they do it.
Others have written good answers and some of those others are lawyers or police officers ... Me? I'm neither, but I think I have a little to add that may help clarify things (but not really add a lot new).In a criminal case, the case reads e.g. New York vs. Joe Smith. In a civil case, it would be Jane Doe vs. Joe Smith. In a criminal case, the prosecution is done by some combination of police officers, other investigators, and the city, state or federal authorities. The police are paid by the "people". If it goes to trial, the attorneys for the prosecution are also paid by the people. Several people raised the fact that, in a murder case, the victim can't press charges. True. But hardly unique! This also happens in many drug cases, prostitution cases and child/spousal abuse cases. However, it wasn't always so and it isn't so everywhere. All the above is centered on the USA (although I believe many other countries are similar). Some states have, however, not even tried to prosecute criminals and others make only minor efforts to do so. This failure may be due to the actual law or it may be due to lack of resources or it may be due to corruption. When this is the case, people take the law into their own hands. Such places are always very violent. E.g. the "wild west". I'd be interested to hear about how criminal cases work in other countries.
How long does a police officer have in Ontario Canada to issue a ticket?
Hi, I was wondering if any xcoppers can help. How long does an OPP officer have to lay a charge with regards to an HTA offence. I was involved in an accident 10 days ago, and have not heard anything from the investigating officer. At the scene I was told no charges. My insurance broker has informed me that I am being charged. I contacted the detachment, and she is now on holidays. My question is : IS there a statue of limitations on HTA offences?
If the police are pressing charges, then it’s not a civil case.Often the police/prosecutor won’t press charges if the victim doesn’t want to be a witness, but a crime is an offence against the State, not the victim.So technically, the Prosecutor can decide that cutting your arm off is prosecutable, even if you wanted it to happen.