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Can someone still be arrested, even if charges ARE NOT pressed.?
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Can someone still be arrested, even if charges ARE NOT pressed.?

If no charges were pressed against someone but there was a Incident Report and Waiver of Charges signed by the victim, can charges later be pressed or can an officer decide to press charges or take any legal action themselves, just a random thought.


    




dead man hand
Rating
Once an official complaint is filed. The alleged victim by law cannot withdraw the charges. The act by the suspect is first a crime against the State - the victim though sounding harsh is a witness of a States crime. I in 32 years as a police officer have never heard of such a law or rule where the victim signs a paper waiving charges against a suspect. This sounds like a paper decision to prevent future law suits against the police agency if the victim is later seriously injured by this same suspect. Charges can be nol pros in a court of law before a judge if the witness refuses to testify or lack of evidence - but once a report is filed the suspect can be charged up to a year for a misdemeanor and 3 for a felony less then murder.


WhoDropdTheSoap
Rating
yes they can.. officers can take legal actions even if the victim decides not to press charges


Billy J
It depends on the State and the offense. In Michigan, you can still be arrested for domestic violence even if the victim doesn't press charges.


mikey
Where I am from you can not Not press charges when dealing with Domestic Violence. Even if the "victim" does not wish for the "suspect" to be arrested we have no choice. The state will pick up the charges.


iamct01
The government can pick up the charge


Chadness
It is a common myth in the United States that victims of crime can "press charges." Victims of crime DO NOT "press charges," nor do police officers. Only the district attorney's office can press charges against someone accused of a crime. A victim can decide to cooperate or not cooperate, but they have no control over whether or not charges will be brought against the accused.


chris r
Rating
eich state has different laws and policys,i a domestic fight someplaces require someone goes to jail


One Sexy Jeep Girl
yes


*****
Yes, take the case of domestic violence. If a police officer is called out to investigate such an incident , and finds definite signs that the woman, or man is abused, then the officer is mandated by law to arrest the agressor, even if the victim refuse to press charges.


Officer Baz Says...
Rating
depends on the crime. if there are independent witness and independent evidence, they could conceivably be used against you at a trial. Depending on the type of crime, it is much more difficult to try if the victim is hostile or uncooperative


jerry
Rating
It depends on the State


deftonehead778
Rating
In domestic violence cases, states are cracking down really hard on those these kinds of crimes. Most states now pick up the charges no matter what now. Of course an officer has to see probable cause that the crime actually was commited.

Charges can later be filed, if they are filed in a timely manner and if there is still evidence that a crime was commited. There are things called statutes of limitations. Depending on what the classification of the crime is how long you can wait to report the crime. Basically, if you wait too long, charges cannot be pressed. Again though, you will need to make sure there is actually still evidence for the officers, invesigators, and courts to work with.


kathy h
Rating
In some cases, the state can pick up the charges against the perpotator.


onAhhroll
Rating
Yes, at times police departments will not know what to do, due to legal technicalities, so they will forward it to the Prosecutor Office, who will then decide, and refer it back for action to the Police, if any is needed.


2eighty8
Yes, police officers can release unconditionally after an arrest. Sometimes, cops just need to arrest just to calm things down, but they can't just pick someone out at random. This is usually used in a protest gone bad, or another scenario with loads of people. They won't do that when a subject has been caught, say, shoplifting. They do have that power to arrest and release, and yes, they have to write an incident report to cover why they had to lawfully detain someone against their will (I'm not too sure what a waiver of charges is though). Unofficially, they usually release when the subject has been co-operative and not resisting. This keeps the justice system unclogged as much as possible (it's clogged enough with petty things like people stealing a candy bar).

As for pressing charges later, I don't think so, nor can I think of any scenario that can fit that.


stargazsur1@sbcglobal.net
Yes, I am 61 yr old female, the judge let me out with no bail or etc, but the D.A. filed charges on me, over what a judge said. so u tell me.


outjlaw
sure can


The One
yes, police make their own rules, no matter what state!!!


mrdefacto
No the state can't if you look deep into the laws the state is an artificial entity under the same laws you have the right to resist false arrest the state becomes a third interest party it's against the law an under se tion 18 of the united states code a prosecutor cannot be a witness to a crime nor can a police officer if he/she did not see a crime





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