Do the police need to speak to the accused to close a case?
Not always. One thing you can almost count on in police work is the number of variables there are, especially in a “he said vs. he said” situation. It also depends on who has the responsibility to close a case, especially if it is a felony. Since my entire brief LEO career (aside from a 6 month detour to dispatch) was in patrol, a lot of my cases were escalated to the detectives assigned to their particular specialty (i.e. theft, burglary, auto theft, ect.) They carried those cases forward. If I found additional evidence or witnesses I would turn it over to the dicks. If a report was nothing case without merit or enough information to move forward I’d close it out pending further developments. If the report, in the case of a routine motor vehicle accident without injuries or reported away from the scene, I would close it “For records only”. The insurance companies are the main consumers of those kinds of reports.
When a court case is dismissed.... can they bring it back up?
if the case was dismissed without prejudice they can bring it up again if under a certain amount of time if the defendant gets into the same or similar situation. if the case was dismissed with prejudice then they cannot reopen the case. the store cannot bring the charge up again only the district attorney can do that. usually when the prosecuting party does not initially go forward with the case the DA won't give them another chance. mark m is only partially right. a dismissal is not a verdict. once a not guilty verdict is entered then the DA has no right to retry the case. but a dismissal can be bought back to court under certain conditions. IE the Gotti Jr cases in NY they tried him 3 time on the same charge to a dead locked jury which forced the judge to dismiss the charges 3 times. but the over zealous DA kept charging him and taking him to trial. after the third trial the DA conceded the case. chuck dismissal has nothing to do with double jeopardy. double jeopardy is if you go to trial and get a not guilty verdict then they can never charge you with that particular case again. a dismissal is not a verdict in the case. it just means that either they don't have enough evidence or the complaining party refuses to press the charge. he will have an arrest record but no conviction. this should never hinder him in any way shape or form. with anything that he endeavors to do with his future.
Would the police help the man in this situation?
Yes, police officers love acting like referees for couples having disagreements. They would tell the lady to give the man back his computer, if she refused, they might ask her again to do so or they will have to arrest her, which is not something they want to do in this case.This may or may not constitute a theft or larceny, but if she refuses an officer could arrest her on the catch-all charge of disorderly conduct.Folks, this is not why we have a police department. This is why we have couples counseling.
Can a dismissed case affect my chances of becoming a police officer?
Kaneau, I worked for several years within the TX Juvenile system, so let me first tell you how it works. First off you were not convicted of a crime, you see proceedings against juveniles in TX, and many other, if not all other states, are considered civil in nature. Juvenile law is designed to correct and not punish. If the juvenile judge found you at fault for your actions he can take corrective action based on ruling that you have engaged in delinquent conduct. If it is a Class C Misdemeanor, which most Disorderly Conduct Charges are, you will be ruled as a "Child in need of Supervision". You may have to be counseled and monitored for a short period of time, but that is about it. None of this counts as a Criminal conviction, as only an adult can be convicted of a crime in Texas. If you want a better understanding your rights are explained in the Texas Family Code, which is available in most libraries and online. When you turn 17 your record is automatically closed and destroyed within the juvenile system and can only be relocated by law enforcement personnel, and the only time that is an issue is if you have committed serious crimes that indicate you are a career / dangerous criminal. So in closing I know of no agency that would give you any grief over a minor incident when you were 14 years old. As far as other jobs go, you can legally and factually answer know when asked if you have ever been convicted of a crime. Sounds like you learned your lesson, which is what the system hopes for. Live long and prosper.
Arrested,charged but case dismissed.Cant get a job due to background checks.How can I get rid of this?
When you fill out a job application, make sure you include this information when asked. Application forms usually have this type of question. State that you were arrested buy the charges were false and were dropped. People are arrested frequently on bad information. This fact alone shouldn't prevent you from getting a job. If you're honest about it and qualified for the job you should have the same chances as you did without the arrest. Take a look at yourself and make sure you're not presenting a bad image due to the worry about this incident, being overly defensive or something. This may be what's preventing you from getting a job. Also, being declined for 2 jobs in the current economic situation hardly means they're not hiring your for this issue. You're not the only one finding it difficult to get a job.
Can domestic assault charges be dismissed if the plaintiff doesn't show up on court date?
I'm not completely sure from your question whether the assault charge is a civil or criminal case because you refer to a plaintiff (doesn't exist in criminal cases) but you also describe the assault as a "charge" (which is the term for criminal cases). If you are talking about a civil case then if the mother/plaintiff does not show up for the court date the case absolutely will be dismissed. If you are talking about a criminal case (which i believe you are) the prosecutor certainly has the right to drop the charges at any time, although he is not obligated to if the victim does not show up. If it was the prosecutor who told the father that charges would be dismissed if mother didn't show up I would certainly tend to believe him. The victim not testifying is actually a pretty common occurrence in domestic assault cases and usually the individual state's attorney's office will have a policy for how they handle this situation. I would guess the fact that the defendant is 18 yrs old and a daughter rather than a spouse makes it more likely that charges will be dismissed if the victim does not testify. Regarding your other questions, if the mother does not want charges to be filed she needs to tell the prosecutor that ASAP and see what he/she says. If the prosecutor informs her that he/she will not be dropping the charges I would say the daughter needs to talk to a lawyer. If there is no physical evidence and no victim to testify a lawyer may well be able to get a very nice plea deal (or maybe even convince the prosecutor to drop the charge). If the daughter ultimately is charged and convicted I have never heard of an assault charge being expunged later on when the defendant is not a minor. Hope this whole situation works out and the prosecutor does agree to drop the charges.
What to say to employer of a dismissed felony case?
Generally speaking, answer the question as the employer asks it. If you were not officially "convicted" or "found against" as the potential employer may ask, then your answer is simply "no". However, questionnaires will often give a list of stipulations including the previously mentioned "deferred adjudication" or "probation". In my experience, criminal background checks are typically done to determine whether or not a person is trustworthy and honest, not to determine whether or not a person has a squeaky-clean history. Always answer the question which is asked of you truthfully because, while the situation may cost you an opportunity in some cases, lying about it certainly will! Also, lying on some types of applications can be a source of additional legal problems. Best luck!
Could someone file a police complaint on behalf of me against someone without my permission?
A police complaint filed on behalf of anyone except a minor or a disabled person will likely not be taken seriously by police authorities. It is only when the situation is such that a person cannot reasonably be expected to act for himself/herself is a criminal case started on the basis of a complaint made by a third party.Some instances where this may happen is in cases of rape, violence or other such crimes where the victim may be too traumatized or afraid to come forward to the authorities.Although there is no provision in the CrPC which says that only the victim may be the Complainant, in cases other than murder or the kind of cases described above, the police authorities may find a complaint made by a third party to be suspicious and untrustworthy, unless the third party is a credible person.
If a case is dismissed will the charges show on a background check?
Get a No Cost Background Check Scan at https://bitly.im/aNX1T Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment. You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.
Is this situation legal or illegal in what the cops did to me in my own home, or is it police brutality or at least unethical?
While your relating of the incident is likely sincere, it is quite likely that there are additional factors or facts involved that would better allow assessment of the entire situation. What you deem to be irrelevant information might be quite pertinent and again, all we have is your account of the situation which, you have to admit, seems a bit biased (and rightfully so). It is not uncommon for people who allege police abuse to omit certain details of the event, either to improve their version of what occurred or because they legitimately recall it that way, even if that is not actually the way things happened.I am troubled by the very first sentence of your narrative where you state, "So the Cops in Philadelphia, PA came to my house before on a "supposed" attempted suicide non violent and unconfirmed."They had been to your house previously on the same type of complaint? And what was the outcome of that incident?Responding on a possible suicide call to the residence of someone with a history of that behavior tends to pre-condition the responders to be suspicious of the victim's claim that such a fear is unwarranted. Even if your narrative is dead on accurate and complete (a BIG if ), as Chris Hawk said, it does not appear that the cops did anything illegal, unethical or that you suffered abuse by the police.