Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2011
    Posts
    13

    Default Police Not Following Up with Investigation

    My question involves police conduct in the State of: California

    Well I thought I had hit submit to my post but guess I didn't. My question in short is....the police didn't do any follow up investigation on an arrest. Basically the pub def called out the cop for not having done any followup. Even the judge agreed with that. The pub def was asking for a dismissal and even the judge said it was a very weak case for the prosc. The case is being transferred to a central court as the first court doesn't do felony cases. Could the judge in the first court have dismissed it or because it was being transferred to another court it wasn't in his jurisdiction to do so? Can a dismissal be done on an arraignment? He had an arraignment in the first court so unclear to me why it has to start all over again. Thank you in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police Nit Following Up with Investigation

    There is no law that requires the police to conduct a thorough investigation. If the DA wants some follow-up done, he or she can assign it to one of their own investigators (if they have any) or they can ask the police/sheriff agency to do it.

    If this is a felony matter, then the first hearing was likely the arraignment. That is where the charges are read and counsel is assigned if needed. The next one will be the preliminary hearing which is where the state will establish probable cause to believe the defendant committed the offense.

    You might have to ask one of the attorneys as to why whatever happened happened.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Aug 2011
    Posts
    13

    Default Re: Police Nit Following Up with Investigation

    There was a prelim hearing at the first court and the prosc called in the cop as a witness. So now it's being transferred to a central court and it is being called an arraignment again. I'm confused...he's had an arraignment already. The judge was definately on the side of the defendant. He specifically told the da he had a very weak case. Could the judge in the first court not be allowed to dismiss the case since it is going to a court that deals with felonies? I'm soooooo confused. Lol

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Police Nit Following Up with Investigation

    Quote Quoting Crh
    View Post
    There was a prelim hearing at the first court and the prosc called in the cop as a witness. So now it's being transferred to a central court and it is being called an arraignment again. I'm confused...he's had an arraignment already. The judge was definately on the side of the defendant. He specifically told the da he had a very weak case. Could the judge in the first court not be allowed to dismiss the case since it is going to a court that deals with felonies? I'm soooooo confused. Lol
    It could be that they have to refile the matter. You'll have to ask one of the attorneys what's up.

    I'm not sure why they would have to do an arraignment after a preliminary hearing unless they were initiating new charges, though.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Defamation: Defamation by Police Investigation
    By ivedukewar in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 08-27-2009, 04:34 PM
  2. Retail Fraud / Shoplifting: How Long Does Police Investigation Take
    By vinay in forum Criminal Charges
    Replies: 9
    Last Post: 05-29-2009, 03:24 PM
  3. Obstruction of Justice: Lying in a Police Investigation
    By newbiepower in forum Criminal Charges
    Replies: 2
    Last Post: 12-04-2008, 06:06 PM
  4. Interfering With A Police Investigation
    By f5660 in forum Police Investigations
    Replies: 1
    Last Post: 04-06-2008, 06:33 PM
  5. Getting an Investigation of a Police Charging Decision
    By huvatuta in forum Police Investigations
    Replies: 2
    Last Post: 02-03-2006, 07:57 AM
 
 
Sponsored Links

Legal Help, Information and Resources