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What will the cops do if no one wants to press charges for Assault?
Anonymous4 views7 answers
Lets say that there are two parties at a club, one party starts to confront another. The first party throws the first punch and the guy from the second party get jumped and beaten up with visible marks and bruises. But the guy who got beat up decides to leave the club before the cops come. After he finds out that the bartender said the second party threw the first punch to the cops even tho its false and he go beaten up. But also finds out that no one wants to press charges from the second party. Will the cops follow up with this event even tho no one wants to press charges?? If so how long would they take to contact the party that left. Please let me know if you need any more info about my hypothetical question. Side note 2 people of the 2nd party left and 2 stayed to talk to the cops
It's up to the police to decide whether to file charges. They are sometimes influenced by the wishes of the victim but the victims wishes are not controlling. If they decide to file a case they may contact you for a statement (do NOT speak to them without an attorney) or they may just issue a warrant.
The police will write report and present it to the DA's office who may tell them to do additional investigation (such as contact other witnesses). When the investigation is complete, the police present the final report and the DA's office decides whether charges will or will not be filed. The amount of time it takes depends on how busy the police are otherwise and the cooperation of the witnesses.
Keep in mind here in Texas criminal charges like this are filed by the local District Attorney's office. The DA represents the State of Texas. Hence, cases are styled State of Texas vs._________. This would not be a civil matter in which a private party can decide to not go further with the charge. The State has the discretion to go forward if they feel the law was broken. Most importantly the DA's office goes forward in the interest of "justice." The DA's office can decide to not go forward on the case, BUT they can still decide to prosecute if they see fit. Many assault cases are filed even though the complaining witness AKA the victim does not wish to prosecute. This is probably the norm for many Assault family violence cases. You ask how long before witnesses are contacted. Police agents may be "on the ball" and make contact within 24 hours. They might take their time and someone might not contact a victim for weeks or even months. Sometimes, the witness might not be contacted at all!!! Many factors can come into play. Each agency (police department) has varying protocols. As does each DA's office. Sometimes knowing which police department involved can make a difference. Sometimes knowing the officer can make a difference. Sometimes if the case comes across a particular Assistant District attorney can make a difference. Finally, keep in mind that when officers come on the scene their focus becomes narrowed or even bias because of what they originally see or hear. What I'm saying is that they may make a decision based on what they originally see and it becomes difficult to sway their opinion.
Jack Jay BoltaxFederal Crime LawyerSan Diego, CA ·
In some jurisdictions certain cases may not be pursued if the victim doesn't want to prosecute. However, if there is evidence independent of the victim's statement that shows you committed a crime, Like eyewitnesses to the assault, the prosecutor may proceed and pursue the charges without the victim. ANd yes, the cops may follow up on this even the the purported victim left the scene. There is no time limit to contact the party but if they need the party to file charges or to testify, they would have to have contacted him before the statute of limitations runs out or at the time of the trial in your matter.
There are a lot of answers to this question depending on the facts, the police agency investigating the assault, and the prosecutors who will screen the case and decide whether to go forward. The short answer is that the police and the prosecutors are not bound by whether the victim wants to go forward. However, most responsible police and prosecutors will take it into consideration. If a victim is unwilling to cooperate, it may make the case more difficult for the police and prosecutors to prove and they may decline to prosecute. If the injuries are slight and a victim signs a non-prosecution affidavit, that may be enough for the prosecutor to decide not to go forward. If there are serious injuries, expect the police to investigate and present the case to the District Attorney or County Attorney and the decision will be up to them. These kind of fact scenarios (bar fight, uncooperative victims and witnesses, conflicting stories) often result in a case not being prosecuted or being resolved favorably for the one charged if prosecuted. Whoever is charged or is facing charges should speak to an attorney immediately and follow his or her advice.
Once upon a time, when I was regularly going to bars, two dudes would get into a fight. They'd get thrown out, and that would be the end of it. Now both guys lose: one gets beat up, and the other goes to jail. To answer your question, it is completely up to the officers discretion. They may take the time to track down this other guy, and they may not. They may end up filing it as a disorderly conduct ticket. You should have the number of a bondsman and a lawyer handy. If you're contacted by police, don't give a statement without speaking to an attorney first.
