Quantum Windbag
Gold Member
- May 9, 2010
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- #61
Once again, you are INCORRECT. Police do not charge anyone. Being charged with a crime is a legality that is done by the prosecuting attorney, not the police. Being detained, even to the point of being placed in handcuffs does not mean you have been charged with anything. It simply means you have been arrested. You CAN be arrested without being charged. You can also be arrested via a prosecuting attorney filing charges against you and having the police serve a warrant for your arrest. you can NOT be charged for a crime by a police officer. PERIOD.
You are right, in most states someone is being taken in when police are called out on a domestic violence call, but just because they are taken in doesn't mean they are being charged with a crime. In fact often times the police will arrest someone, and not just for DV cases, and a prosecuting attorney will decide that there is no evidence that a crime was committed so no one gets charged with anything. So how does that happen, if the police are the ones who charge people with crimes? Oh yeah, they don't.
I can walk down to the police station and file charges, so can you. That is not the decision of the prosecutor, his decision is whether to take the case to trial.
police file charges - Google Search
No sir, you can go to the police station and file a complaint. Not charges. You are an idiot.
Filing a complaint is charging somebody with a criminal act, aka filing charges.