Free & Confidential Consultation With A New York Personal Injury Attorney
OConnor and Partners is a personal injury law firm based in Kingston, NY and providing legal services across the state, including: Kingston, Newburgh, Poughkeepsie, Ellenville, the Hudson Valley, New York City, and beyond.
We fight hard to maximize compensation for injured drivers, passengers, and pedestrians in New York car accidents. We are proud to offer confidential, no-cost, no-obligation claim consultations to accident victims throughout the state.
If you choose to hire us after your consultation, we will not charge you a fee unless we get you money first.
If you cant come to us, we will come to you. Just contact us online or call 845-303-8777 to talk with an experienced Kingston personal injury lawyer today.
Need Urgent Legal Help
Due to the amount of reports we receive, it can take several weeks for us to respond to your issue. Local legal aid offices or lawyers in your area may be able to quickly respond to or help with your concern
Contact Legal Services Corporation at lsc.gov/find-legal-aid or call .
Or visit www.americanbar.org/groups/legal_services/flh-home or call to find a lawyer through the American Bar Association.
U.S. Department of Justice
What Is The Proper Procedure To Arrest Someone
Arrest procedure and Right
- Two type of arrest. arrest made in pursuance of a warrant issued by a magistrate.
- Arrest by police, magistrate s private person. Sub-section 1 Section 41 Crpc 1973 Says:
- Right of an arrest person. fair trail.
- Memo of Arrest. 1.It will be prepared by the police mentioning the name of the person to be arrested.
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An Investigation Might Be Opened Up Regarding The Police Report
As we have already touched upon above, each crime situation is approached and handled differently as no two filed police reports are the same!
For this reason, once the police department that you have filed the report with has taken the time to build a team, this team will then go ahead and decide whether or not a further investigation will need to take place.
As we have already mentioned above, the method to do this will likely vary depending on which state you are in and what police department you have gone to, but for the most part, most police departments will make their decision by considering the following factors:
- How severe the crime is that has been reported
- How likely it is that the crime will be able to be solved
- How vulnerable/at risk the victim is
After taking the time to consider these three main factors that we have listed above, as well as any other factors that the police team deems necessary to help form a decision, they may then take the decision to open up an initial investigation to take a closer look at resolving the police report that you have filed against the said person.
During this period of the initial investigation, the police will likely carry out a variety of different things to help them gain a better understanding of the situation and crime, as well as to help decide the best course of action to resolve whatever it is that is going on.
Start An Online Police Report In: English
FILING A FALSE POLICE REPORT IS A CRIME
If your incident did not meet the criteria for online reporting, please dial 1-877-ASK-LAPD
for Non-Emergency Police Response.
Welcome to the Los Angeles Police Department Community Online Reporting Service. Using this service allows you to submit select police reports at your convenience.
IF THIS IS AN EMERGENCY OR CRIME IN PROGRESS, PLEASE CALL 911.
To File an Illegal Dumping Report Online:
- Illegal Dumping: Willfully or intentionally depositing, dropping, dumping, placing, or throwing onto public or private property. Illegal dumping is reported and handled by the City of Los Angeles Department of Sanitation. Please to file a report.
Your incident must meet the following criteria:
- The incident is not an emergency.
- The incident occurred within the City of Los Angeles.
- You must be at least 18 years old.
- No one was injured as a result of this incident.
- There are no known suspects.
- The incident did not occur on the state highway.
- No firearms were involved in the incident.
- You must have internet access and an email address.
Once you have submitted your report:
- Filing a false police report is a crime. Anyone filing a false police report may be prosecuted under California Penal Code section 148.5 PC. Filing a false police report is punishable by imprisonment in county jail not exceeding 6 months, or by fine not exceeding $1,000, or by both.
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This Guide Is Only The Beginning
When I meet with a new client, I typically take a long time to answer their questions. Their lives are on the line and if I was in their position, I would have a million questions about what is going on. It is your lawyer’s job to make certain you understand exactly what is going on with your criminal case.
There is no way that this guide could have answered all of your questions. Hopefully, this guide has given you something to think about regarding your criminal case. Please feel free to use this guide as a beginning point to conversations with your lawyer.
Do not base any decision you make based solely on this guide. Use your attorney to understand exactly what is going on in your particular case. Your case is unique and you need to rely on your lawyer to help you decide what is right for you, in your own defense.
Making A False Police Report
Someone who files a police report that contains information that isnt true hasnt necessarily filed a false police report. She may identify the hit-and-run car as blue when it was black, or say the driver was a young woman when in fact it was a mature woman. Everybody makes errors in eye-witness testimony, and nobody can or should fault them for it.
Making a false police report is a different thing altogether. It involves intentionally feeding the police incorrect information, usually for one of two purposes: to shield themselves from police scrutiny for a crime they committed, or to implicate an innocent person for a crime as personal revenge. The types of false information given may include:
- Reporting a crime that did not occur
- Using a false name
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What Should Be Included In A Criminal Complaint For It To Be Valid
There is certain information that should be included in a criminal complaint in order for it to be valid. However, the type of information that must be included to make it legally enforceable may vary by jurisdiction. In general, for a criminal complaint to be valid, it should contain the following information:
- A description or list of all the criminal charges that the prosecutor is filing against the suspect
- The date of when the crime was allegedly committed
- A written statement that includes all of the facts available that are specifically connected to the criminal charges and
- The particular state law or statute that the suspect has supposedly violated.
Additionally, an affidavit should be attached to the complaint when it is filed. The affidavit must assert that the individual filing the complaint swears that the information contained in it is accurate and truthful.
A criminal complaint may also be accompanied by a âCase Information Sheet â. Although these documents are more commonly found in connection with a civil lawsuit, some states do require them for criminal cases as well.
How Can A Lawyer Help Me After Someone Files A Police Report Against Me In New Jersey
If you believe someone has filed a police report against you in New Jersey, it is a smart idea to speak to a lawyer as soon as possible. The police will likely be looking into the complaint against you very soon, and criminal charges may be in the near future. Our Brigantine criminal defense attorneys can help you prepare for a trial while fighting the allegations against you.
You not only have a right to have a lawyer represent you at your trial but at all the hearings and proceedings that lead up to it. In fact, you can have a lawyer with you after the police arrest you and take you in for questioning.
A lawyer can also help you decide how to enter your plea at your arraignment and advocate for the least restrictive bail possible at your bail hearing. Our skilled New Jersey criminal defense attorneys are experienced in every aspect of the criminal justice process and are prepared to assist you in any way possible.
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What Happens When You File A Police Report For Harassment
Last Updated on May 11, 2022 by Fair Punishment Team
If you suffer from harassment, no matter what type of harassment it is, you have the right to protect yourself, and to report it to the police. The police and local authorities will then be able to take the appropriate measures in order to deal with the situation, and ensure that the harassment stops and that the person committing said harassment against you is dealt with in the way that the law states.
In order to do this, you have to follow the proper procedure, collecting evidence to support your report, all while you also take your own steps to remain protected. But, once you have filed the report to the police, what happens? What do the police do? What procedures are followed?
If youve ever wondered about this, youre in the right place. Were going to tell you exactly what happens after you file a police report for harassment, and well also give you some information on how to file a report in the first place, what qualifies as harassment, what the penalties are, and more.
Does that sound like something youre interested in? Then lets get right into it!
What Qualifies As Harassment
Another important thing you need to know about is whether something actually counts as harassment or not.
The legal definition of harassment can change in each state, so it is very important that you check the specific statutes within your local jurisdiction.
That being said, in most states harassment is usually defined as a misdemeanor, in which you are suffering discrimination, threats, direct danger to your wellbeing, and similar.In order to be able to claim harassment, you will need to prove two main things:
- Firstly, prove that you felt harassed due to something that was said or done to you
- Secondly, prove that what was said or done to you, was out of an intent to torment, scare, threaten, or embarrass you.
The penalty for the harassment will then depend on the type of harassment, the severity, the situation, and the state in which you are in.
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Take Care When Choosing A Lawyer
Facing criminal charges is a turning point in a person’s life. What happens during a person’s criminal case will affect them for the rest of their lives. Internet background searches are getting cheaper and cheaper and a person’s criminal history will determine whether they get a job, mortgage, etc. Picking a criminal defense attorney is a bigger decision than it has ever been, and it has always been huge.
There are many factors to consider when picking an attorney. Whether your lawyer is a former prosecutor is a huge consideration. It is very difficult to defend or tear into a criminal case if you don’t know how to build one. Only a prosecutor or a former prosecutor knows in detail how to build a criminal case. Only a prosecutor or a former prosecutor knows in detail what sort of evidentiary and practical problems a prosecutor faces on a regular basis. When lawyers are accused of crimes, they usually pick a former prosecutor to defend them.
Another very important consideration is whether you feel comfortable with your lawyer. If you are putting your life in someone’s hands, you have the right to feel comfortable with them. Trust yourself to know which lawyer is the right fit for you. You will have to work very closely with them.
What Can I Do If Someone Has Filed A False Police Report Against Me
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Will My Case Be Investigated
- Due to the nature of the reports filed they have no known suspects or information to follow up on we wont be able to investigate most cases.
- All cases filed through the online reporting system will be reviewed and will help us track crime trends and patterns.
- The reports filed online are also usually the quickest and easiest way to get a report for your insurance company.
How Do Insurance Companies Use Police Reports
After a car accident, when a claim is reported, the insurance company will conduct its own investigation. One of the first things that an insurance company will ask for is the police report. This is because, as we discussed above, the report contains a vast amount of information pertaining to the car accident.
Sometimes the insurance company and police officers opinions are different. This is why there are times when the police report is in your favor in terms of a fault determination, but the other drivers insurance company still denies your insurance claim.
How To Report A Crime
This section provides information about how to report a crime in progress or a crime that has already happened. If you are in immediate danger, please call 911. You can report a crime and receive assistance from the police regardless of your age or immigration status.Learn more about the rights of crime victims
How A Case Starts
1. Usually, the police cite or arrest someone and write a report. This report summarizes the events leading up to the arrest or citation and provides witnesses names and other relevant information. Defendants generally do NOT have a right to get a copy of the arrest report, but their lawyers do. The reason for this is to protect the identity of witnesses. This is another reason why it is important that a defendant charged with a misdemeanor or felony have a lawyer to represent him or her.
2. The prosecutor then decides whether to file charges and, if so, what charges to file. The prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in the arrest report.
3. Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody . Weekends, court holidays, and mandatory court closure days do not count against the 48 hours. Also, the deadline for arraignment depends on what time of the day you were arrested, so talk to a lawyer to find out exactly when the prosecutors deadline to file charges is.
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What If Law Enforcement Officers Threaten Me With A Grand Jury Subpoena If I Don’t Answer Their Questions
A grand jury subpoena is a written order for you to go to court and testify about information you may have.
If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officers questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting the subpoena. If you receive a subpoena or an officer threatens to get one for you, you should call a lawyer right away. If you are given a subpoena, you must follow the subpoenas direction about when and where to report to the court, but you can still assert your right not to say anything that could be used against you in a criminal case.