[ARCHIVED THREAD] - Question for LEOs (Page 1 of 3)
Posted: 8/16/2015 1:12:29 AM EDT
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You respond to an assault, someone has to go to jail. Both parties, two men are blaming each other and there are no witnesses. You have nothing to go on other then statements.
One person is calm well spoken and being very co-operative. The other seems like a hothead. Does the hothead go to jail just based off his mannerism and do you base the majority of your decisons like this one just going off the mannerism of the people involved? ETA: I rephrased the question. This involves two men. Both are claiming self defense. |
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You respond to an assault, someone has to go to jail. Both parties are blaming each other and there are no witnesses. You have nothing to go on other then statements. One person is calm well spoken and being very co-operative. The other seems like a hothead. Does the hothead go to jail just based off his mannerism and do you base the majority of your decisons like this one just going off the mannerism of the people involved? Not enough info. Mannerism means jack shit. |
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You respond to an assault, someone has to go to jail. Both parties, two men are blaming each other and there are no witnesses. You have nothing to go on other then statements. One person is calm well spoken and being very co-operative. The other seems like a hothead. Does the hothead go to jail just based off his mannerism and do you base the majority of your decisons like this one just going off the mannerism of the people involved? ETA: I rephrased the question. This involves two men. Both are claiming self defense. Here, simple assault does not require an arrest. If this is a felony assault, meaning serious physical injury, well, if both are seriously injured. Send them both to the hospital and do a report. The DA can make a determination later. If one is seriously injured and both claim self defense, and there is no evidence to contradict either account, and a primary aggressor cannot be determined. Injured goes to hospital, uninjured is arrested. A detective can sort out what happened and confer with the DA. Not perfect, but it is lawful. |
| You have to figure out who is the primary aggressor. If you can't can't that out look at who has the marks Or abrasions and start there. Ask that person questions to what happened while the two are separated and see if you can figure out who was the primary aggressor. If you still can't figure it out, they both go to Jail! |
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It's surprising how different some counties are in handling cases. Quoted:
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Take an assault report and refer them to talk to the prosecutor if they want to pursue charges. edit:Beat by 7 seconds  O-H It's surprising how different some counties are in handling cases. Yep. Usually we're not arresting anyone out of a misdemeanor assault unless there is the DV relationship. Majority of the others get a report taken and referred to the prosecutor if they want to pursue charges. |
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It's surprising how different some counties are in handling cases. Quoted:
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Take an assault report and refer them to talk to the prosecutor if they want to pursue charges. edit:Beat by 7 seconds O-H It's surprising how different some counties are in handling cases. If they are related and there is no DV connection neither are probably going to go to jail. In a mutual combat situation its usually common for everybody to just walk away. |
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Cross complaints. Everybody goes or nobody goes. Generally speaking, it's usually a pretty easy situation to shit-can. "do you want to prosecute?, if you don't sign here..if you do he wants to prosecute as well so you will both be charged" Either they both sign a waiver of prosecution, or they both get charged if there are no witnesses. Most people after they calm down, sign and go about their business |
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It's surprising how different some counties are in handling cases. Quoted:
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Take an assault report and refer them to talk to the prosecutor if they want to pursue charges. edit:Beat by 7 seconds O-H It's surprising how different some counties are in handling cases. I've worked in two different counties, and the differences are interesting. For example, in one county you have to have the title of "Detective" to file felony charges or the prosecutor will kick them back. In the other county, I've investigated and filed grand jury packets for first degree felonies as a patrol officer. Or in one county I can't get a warrant for blood out of an OVI unless there was an injury accident. In the other, I can show up to the judge's house at 2 AM and get a warrant without an accident. It's really quite insane if you think about it. |
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Yep. Usually we're not arresting anyone out of a misdemeanor assault unless there is the DV relationship. Majority of the others get a report taken and referred to the prosecutor if they want to pursue charges. Quoted:
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Take an assault report and refer them to talk to the prosecutor if they want to pursue charges. edit:Beat by 7 seconds O-H It's surprising how different some counties are in handling cases. Yep. Usually we're not arresting anyone out of a misdemeanor assault unless there is the DV relationship. Majority of the others get a report taken and referred to the prosecutor if they want to pursue charges. Same in NC. No witness, no evidence( ie. obvious injuries, defensive or otherwise), conflicting statements of involved parties = no PC. If there is a possibility it was DV, they get advised ref. DVPO procedure. Just have to remember that there is three sides to every story. The complainant, the accused, and the truth. |
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I've worked in two different counties, and the differences are interesting. For example, in one county you have to have the title of "Detective" to file felony charges or the prosecutor will kick them back. In the other county, I've investigated and filed grand jury packets for first degree felonies as a patrol officer. Or in one county I can't get a warrant for blood out of an OVI unless there was an injury accident. In the other, I can show up to the judge's house at 2 AM and get a warrant without an accident. It's really quite insane if you think about it. Quoted:
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Take an assault report and refer them to talk to the prosecutor if they want to pursue charges. edit:Beat by 7 seconds O-H It's surprising how different some counties are in handling cases. I've worked in two different counties, and the differences are interesting. For example, in one county you have to have the title of "Detective" to file felony charges or the prosecutor will kick them back. In the other county, I've investigated and filed grand jury packets for first degree felonies as a patrol officer. Or in one county I can't get a warrant for blood out of an OVI unless there was an injury accident. In the other, I can show up to the judge's house at 2 AM and get a warrant without an accident. It's really quite insane if you think about it. Sounds a lot the Allegheny County / Pittsburgh where you have to get DA approval to file felony robbery charges. Strangely enough this rule, which I consider not kosher, didn't come down from our DA until after Michael Brown. So here's a big fuck you to Allegheny County DA Stephen Zapala. You're no friend to cops or gun owners. You're a political hack and I hope you fail in all your endeveaors. |
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I've worked in two different counties, and the differences are interesting. For example, in one county you have to have the title of "Detective" to file felony charges or the prosecutor will kick them back. In the other county, I've investigated and filed grand jury packets for first degree felonies as a patrol officer. Or in one county I can't get a warrant for blood out of an OVI unless there was an injury accident. In the other, I can show up to the judge's house at 2 AM and get a warrant without an accident. It's really quite insane if you think about it. Quoted:
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Take an assault report and refer them to talk to the prosecutor if they want to pursue charges. edit:Beat by 7 seconds O-H It's surprising how different some counties are in handling cases. I've worked in two different counties, and the differences are interesting. For example, in one county you have to have the title of "Detective" to file felony charges or the prosecutor will kick them back. In the other county, I've investigated and filed grand jury packets for first degree felonies as a patrol officer. Or in one county I can't get a warrant for blood out of an OVI unless there was an injury accident. In the other, I can show up to the judge's house at 2 AM and get a warrant without an accident. It's really quite insane if you think about it. I've worked in 3 different counties and experienced similar things, all three were different. From what we could do as officers to the courts and their leniency in sentencing. And the criminals know that, too. |
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Cross complaints. Everybody goes or nobody goes. Generally speaking, it's usually a pretty easy situation to shit-can. What he said. 2 males fighting, no witnesses, and both said the other started it? Two under. ETA: or I'm on my way. Depends on whether one really wants to press charges. Which turns into the other wanting to. Once you explain they will have to go to court as the CV/everyone gets cuffed, most tend to want to just go on their way. |
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Pretty bad when Zapalas photo lineup debacle makes it to freaking Wikipedia. Asshole. 
img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img] [img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img] [img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img][img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/img] |
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Cross complaint no witnesses mutual combat.
Talk to party A, do you want to press charges, I'll let party B know if you do /don't and give them the same option. Talk to party B, do you want to press charges, party A does / does not. Everyone rides or no one rides. |
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wtf are you talking about? Quoted:
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Pretty bad when Zapalas photo lineup debacle makes it to freaking Wikipedia. Asshole.
img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/url]
wtf are you talking about? Zapalla fucking up simple robbery/crime scene ID'S for his own political expediency. Stay in Florida or stay in your lane. |
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I've worked in two different counties, and the differences are interesting. For example, in one county you have to have the title of "Detective" to file felony charges or the prosecutor will kick them back. In the other county, I've investigated and filed grand jury packets for first degree felonies as a patrol officer. Or in one county I can't get a warrant for blood out of an OVI unless there was an injury accident. In the other, I can show up to the judge's house at 2 AM and get a warrant without an accident. It's really quite insane if you think about it. Quoted:
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Take an assault report and refer them to talk to the prosecutor if they want to pursue charges. edit:Beat by 7 seconds O-H It's surprising how different some counties are in handling cases. I've worked in two different counties, and the differences are interesting. For example, in one county you have to have the title of "Detective" to file felony charges or the prosecutor will kick them back. In the other county, I've investigated and filed grand jury packets for first degree felonies as a patrol officer. Or in one county I can't get a warrant for blood out of an OVI unless there was an injury accident. In the other, I can show up to the judge's house at 2 AM and get a warrant without an accident. It's really quite insane if you think about it. It is since we are all in the same state. Six counties between the three of us all with totally different ways of operating. 
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Sounds to me like there was a miscommunication with dispatch, and it was already worked out when I showed up. People don't enjoy going to jail. However, if there is going to be a continuing problem, things get handled different.
Or, you could go with the old adage of, "given enough time, all calls solve themselves". |
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Zapalla fucking up simple robbery/crime scene ID'S for his own political expediency. Stay in Florida or stay in your lane. Quoted:
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Pretty bad when Zapalas photo lineup debacle makes it to freaking Wikipedia. Asshole.
img]http://www.ar15.com/images/smilies/icon_smile_angry.gif[/url]
wtf are you talking about? Zapalla fucking up simple robbery/crime scene ID'S for his own political expediency. Stay in Florida or stay in your lane. lol.ooooooooooooooooooooooooooooooooooooooo edgey guy is edgey |
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Sounds to me like there was a miscommunication with dispatch, and it was already worked out when I showed up. People don't enjoy going to jail. However, if there is going to be a continuing problem, things get handled different. Or, you could go with the old adage of, "given enough time, all calls solve themselves". LOL If you drive slow enough they will be friends again by the time you arrive. |
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Cross complaints. Everybody goes or nobody goes. Generally speaking, it's usually a pretty easy situation to shit-can. This. Unless their behavior endangered others or caused a "physically offensive condition" for other people, then we might discuss Disorderly Conduct for both. Otherwise, go away, and go away, and we're out. |