Quote:
Originally posted by Joesho
I cal Bullshit on this one!!!! cause anybody that knows ....understands that YOU do not file anything or can you ever crimanly, they make the arest if they feel it is warranted, then it is up to the DA to press charges not YOU, all you are is a witness, even if you are the victim.... your only option would be not to testify!!! you have no decision in wether or not any charges get filed!!!! that is how the legal system works, the rest is just TV bullshit..... it makes for a good story though
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It's differnet by state. For example, in the State of Ohio, a citizen can file charges individually for certain offenses. Persistent Disorderly Conduct for example would fit this casr. The man initiating the drama was disorderly in the first place. Had the Officer been alone, he would have had to warn the offender to not do something again or risk arrest (for ex. say the word "fuck"). If the man had "persisted", done deal, lock hom up. If howoever there was one or more witnesses, noy including the police officer (for ex. KRL, his son, the clerk, etc.), no warning would be necssary. Whoever wanted to file the charges would sign the citation (in Ohio, it would be a misdemeanor). This could be the Officer in the case of a persistent subject, or the witnesses. If the witness signs the citation, the officer does not have to. Another example of this is in Domestic Violence cases. States are adopring this more and more to keep the biased opinions of some Police Officers out of the rational for service/arrest. If (and again, each state is different, this would be in Ohio) KRL had decided to file the complaint, he would have signed the citation and would become a State's Witness. The Officer would also be in court, but in the role of a cooborating witness, not the one who filed the complaint.