Results 1 to 7 of 7
  1. #1

    Default Criminal procedure for an arrest

    If the police were called but an arrest was not made but a report written is there still an arrest record? or does a physical arrest have to be made?

    Once the store goes to the commissioner to file charges will the police come to arrest at that time? or serve a summmons? Or hopefully will the charges and court date be sent regular mail? The talk in my neighborhood would be unbearable if the police came.

    The theft was for items under 50 and I fully cooperated in the LP office.
    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    There will ordinarily be a report made by the police of the investigation. What happens next depends upon the jurisdiction. It may be that if you are charged you will receive a notice by mail. It isn't a bad idea for somebody in your position (after the police become involved but seemingly before charges are authorized) to contact a criminal defense lawyer, as it may be possible to work out a deal or other resolution with the prosecutor before charges are officially filed.

  3. #3

    Default

    Thank you Mr. Knowitall so much for responding. I did call a criminal lawyer and he said to call back when I am charged. How would a prosecuter know if the LP has not filed charges? I would love to see if it could be worked out before that possibility.
    Thanks again

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    You stated that the police were called. The police will typically prepare a report and submit it to the prosecutor's office for review.

  5. #5
    Join Date
    Apr 2006
    Location
    Midwest
    Posts
    17

    Default

    Quote Quoting Mr. Knowitall
    You stated that the police were called. The police will typically prepare a report and submit it to the prosecutor's office for review.
    They only do that in our city if LP files a summons and the prosecutor requests it. Police reports aren't typically know to always go straight to the prosecutor.

    Also to the poster of the thread, you weren't arrested. You were
    detained and released. If the LP doesn't file charges it WILL NOT show up in your criminal record. You have to be actaully convited of a crime for that to happen. Even the traffic division of law works this way.

  6. #6
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    In most stores an LP uses a "Citizens Arrest" provision in their local or state laws to make an apprehension. The LP's write their statements then if the police are called they investigate the claim made by the LP. If the officer feels a crime has been committed it's then referred to the DA's office. Granted some county or cities do things a little differently but that's the basics. In a technical sense, when a person is walking and an LP stops their forward motion to investigate a suspected theft or effect a detention for theft and they are functioning under the powers of "Citizens Arrest", an arrest has been made.

  7. #7
    Join Date
    Dec 2005
    Location
    San Antonio, TX
    Posts
    121

    Default

    In order to help combat domestic abuse, most states do not allow the victim to "press charges". Like PaulE said, if the police arrive and determine a crime has been committed, they will arrest or give a citation to the offender. The store does not have a choice whether or not to prosecute after the police are called. This was put in to the legislation by most states because there was a problem with abused spouses refusing to press charges. However, instead of complicating things and eliminating the victims ability to press charges just for domestic violence they simplified things and made it include all offenses.

    1. Sponsored Links
       

Similar Threads

  1. Arrest Procedure: Arrest Procedure
    By margaret4130 in forum Criminal Procedure
    Replies: 2
    Last Post: 01-31-2010, 07:00 AM
  2. Arrest Procedure: Arrest Procedure
    By holly in forum Criminal Procedure
    Replies: 4
    Last Post: 01-20-2009, 10:03 PM
  3. Arrest Procedure and Tazing
    By John Dorak in forum Police Investigations
    Replies: 1
    Last Post: 11-07-2007, 01:44 PM
  4. Arrest Procedure: What is Correct Arrest Procedure
    By CutieG143 in forum Criminal Procedure
    Replies: 1
    Last Post: 02-23-2006, 06:48 AM
  5. DWI Testing and Arrest Procedure
    By brettv02 in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 05-06-2005, 09:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources