How To Press Charges For An Assault. But, buried within the Government Code sections that covers our public records is also a section that exempts investigative files from mandatory public release. When you have made the decision to file charges after an assault, you need to visit your local police department. In the process, the police can call upon the victim to appear as a witness in court. The police might book the suspect at the police station and either release the suspect on bail or hold the suspect pending a bail hearing. In the real world, you report a crime to the police, the police investigate and give it to the District Attorney, and the da decides if he wants to file charges. Original question and details: > What happens if a police officer refuses to arrest someone? Unless the police observe the crime, they will need to gather evidence and other information to recommend that the prosecutor charge the person with a crime. In fact, a victim can insist on pressing charges, but an officer is not necessarily required to comply, with the exception of the right of citizens to make a citizen’s arrest. Write down the details of the assault. … "Police Misconduct Provision" This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. In the case of citizen arrests the officer is required to assist the citizen. Police and prosecutors do not arrest and charge someone solely because another person claims that a crime occurred and wants the offender prosecuted. Re: Can the Police Refuse to Let You Press Assault Charges =cdwjava;355770]We do as well. At this point, the police usually bring the evidence to the prosecutor, who will determine whether to press (file) criminal charges … "Pressing charges" is something they do in movies, because it sounds more dramatic. (34 U.S.C. e.g. To press charges against your assailant, you will need to visit your local police department, particularly in those situations in which police officers were not called or did not arrive at the scene of the crime. Case Goes to the Prosecutor’s Desk. Victims don't usually have a choice. But as is often the case, police may conclude that no criminal laws were broken -- like with Bieber's 2013 alleged striking of a paparazzo with his Ferrari. For whatever reason, if you are not physically able to visit the police station, you may call them over the phone. The police could continue to make its investigations and press charges even when the victim doesn’t. Not pressing charges by victims is very common in cases of domestic violence. The police have a warrant to arrest a victim that does not appear in court. In Florida, if a victim ignores their witness subpoena to testify at trial the government can request the Court issue a “material witness warrant.” This results in the police going out to find and arrest a “victim” that does not want to press charges in order to force the victim to testify in court. When someone hits you, whether it is with a car or a fist, you may wish to pursue criminal charges. The victim doesn’t choose to press charges and the police don’t press charges. § 12601). Multnomah County District Attorney Mike Schmidt announced that his office would decline to press charges against protesters and rioters in the demonstrations in Portland, Oregon.. Schmidt made the announcement Tuesday at his first media briefing since assuming the office on Aug. 1. If the police or the CPS decide to drop the charge, ... They’ll normally ask your permission before they do this. ’ t choose to press charges and the police don ’ t choose to press charges when. 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