Review Of The Report By The Prosecutor
The written report is sent to the prosecutor, who must then decide if more investigation is necessary or if enough evidence exists to authorize prosecution based on probable cause that a crime has occurred. The evidence must also support that the person cited in the report committed the crime.
The American Bar Association notes that this should not be confused with proving guilt beyond a reasonable doubt, which is a heavier burden to meet and is required for conviction at trial.
In Some Cases The Suspect Will Be Detained
If the person is detained, they must be brought before a judge as soon as possible. The delay is generally 24 hours. If the prosecutor objects to their release, it will be up to the judge to decide if they will remain detained until the trial is over. An interim release hearing would be held within a few days.
If the suspect is released, they will have to comply with certain conditions until the trial is over.
To learn more, please see our article on bail hearings.
What If I Need To Change My Report After I File It
You will have the ability to file online supplemental reports. If you have already filed a report through the online system, we strongly encourage you to continue to update and add information through this system. This decreases the risk of filing the same report twice, and also makes it easier to keep your information tied to the correct report number.
You will need either:
- Your temporary transaction
- Your police report number
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What Happens If Someone Files A Police Report Against You In New Jersey
Filing a report or complaint with the police is very serious, and the police are obligated to investigate. If someone files a police report against you, the police in New Jersey may come knocking on your door.
When someone files a police report about an alleged crime, the police will open a criminal investigation into the matter. Criminal investigations can be unpredictable, and you could end up taken into custody. If the police have probable cause that you committed the crime in question, they will arrest you. If prosecutors decide to press charges, you might end up in court as a criminal defendant. If you believe someone has filed a police report against you, call a lawyer right away for help.
A police report or complaint could completely upend your life if you are not prepared. Our Atlantic City criminal defense attorneys can help you challenge the accusations against you. Call the Law Offices of John J. Zarych at 616-4956 about a free initial case evaluation.
The Path Of A Typical Arrest
In the typical scenario, a crime victim contacts the police, and the police come to the scene or meet with the victim and ask for information.
If the offender is at the scene and the offense just occurred, the police may be able to arrest the person immediately but only if the police have “probable cause”a reasonable belief that a crime has occurred and the arrestee did it.
If the offender isn’t at the scene, the police will usually need an arrest warrant, issued by a judge, before they take the person into custody. The police must gather information and evidence and determine whether probable cause exists for an arrest warrant.
In other cases, a victim might file a police report alleging that a crime was committed against them. Similar to the above scenario, the police might need additional evidence to obtain an arrest warrant for the suspect.
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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.
Who Will I Be Talking To
In most areas, there are specific law enforcement officers who are trained to interact with survivors of sexual assault. In addition, many law enforcement agencies participate in Sexual Assault Response Teams , which provide a survivor-centered, coordinated response to sexual assault. SARTs incorporate medical personnel, law enforcement, and sexual assault service providers in your area. They work together to organize the investigation, reduce repetition of questions and interviews, and facilitate communication among all agencies involved.
Learn more about communicating with law enforcement.
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Reporting To Law Enforcement
The decision to report to law enforcement is entirely yours. Some survivors say that reporting and seeking justice helped them recover and regain a sense of control over their lives. Understanding how to report and learning more about the experience can take away some of the unknowns and help you feel more prepared.
What Happens To A Car Accident With No Police Report
A car accident with no police report may still be grounds for insurance compensation or a lawsuit. You may still bring a claim for compensation under the same laws that apply in cases with a police report. You may also look to your insurance or the other partys insurance for compensation. Without a police report, its unlikely that either party will get a traffic ticket or face criminal charges because of the accident. However, you can make your case directly to the insurance company to seek compensation if your insurance policy covers it.
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How Do I Make A Complaint Against A Police Officer
If you have been assaulted by police officers, the methods by which you may make a complaint include filing one with the Professional Standards Department, or with the IOPC.
As your legal representatives and advisors, DPP Law can offer you:
- Trustworthy 24-hour specialist legal advice, counsel and support
- More than 30 years of experience
- Clarity and transparency throughout
Dont let law enforcement officials throw their weight around or make you or anyone you know feel afraid. By contacting DPP Law today, not only will you be able to mount a strong case against officers who have behaved with unwarranted violence and force, but your actions will also help towards holding the wider force to account. Get in touch with us now to get started.
Distrust In Law Enforcement
With few options for accountability, survivors who report should be able to count on a high-quality response from law enforcement. But, we know that isnt always the case, and you may feel conflicted about working with police or uneasy about trusting them. That is entirely understandable. You can read about victims rights in Illinois that can help protect against mishandled cases.
Remember, reporting is a personal and sometimes complex decision. You will need to weigh the pros and cons for yourself. While police and prosecutors always have the ultimate power to decide to pursue an investigation or not, you have the power to decide to report or not.
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What Should Victims Expect During The Interview
The interview process can be difficult for a victim, primarily because detectives will need to ask deeply personal questions. Often, victims are not familiar with the criminal justice system and find it complicated and intimidating. For these reasons, detectives need to go through trainings on how to communicate effectively with victims of sexual assault.
Poirier says an officer has to show compassion while performing his or her duty. While hard questions need to be asked, it has to be done in a delicate manner to avoid revictimizing the victim. Victims often blame themselves for what happened, so they need a place where they will not be judged.
During victim interviews, the police chiefs organization says officers must attend to the victims most urgent needs, such as his or her immediate health and safety issues. Officers also should explain the steps involved in the interview and investigation.
It is considered best practice to allow a victim to have an advocate or support person with him or her during the interview. Victims should let an officer know who they would like to be present. They have the right to accept or decline services, but this does not mean that a thorough investigation should not be conducted.
Having A Charge Laid By A Justice Of The Peace
Although the police will generally lay charges when they believe that an offence has been committed, in some circumstances they may be reluctant to proceed with legal action. If an offence is alleged to have been committed and the police will not lay a charge, any member of the public can take steps to have a charge laid by swearing an information before a justice of the peace. An information is simply a legal document that contains the details of the offence and chronicles the progress of the case through Provincial Court. If you have been charged with a crime, it is important to hire an experienced criminal defence lawyeras soon as possible.
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What Happens When I Report A Crime
Investigating crimes, catching criminals and protecting the community is the polices main job, but they also help victims and witnesses of crime.
Even if you dont report a crime as the victim, someone who saw what happened might do, so its likely that you will have to talk to police after a crime.
If you do report a crime the police will explain what will happen next. They should also give you the contact details of the police officer dealing with your case and a crime reference number. Make a note of this number somewhere safe you will need it if you want to contact the police again about the incident, or if you want to make an insurance or compensation claim.
Consequences Of Filing A Complaint
If you decide to submit a complaint directly to the chief of police of the police service involved, or to the Office of the Independent Police Review Director several specific procedures will follow. All complaints, regardless of where the complaint was made, will be recorded by the OIPRD. You will be required to sign a complaint form indicating that you have agreed to the complaints process before the OIPRD will look into the case. The OIPRD is an independent organization which is comprised of civilian members and their staff.
The OIPRD is then required to forward the details of complaints made to it to the appropriate authority at the relevant police department. Many police services have a professional standards department responsible for handling complaints made against the service itself, its police officers and its staff.
The OIPRD will classify all complaints received and decide who will investigate them. The OIPRD, the police service involved, or a different police service may be chosen to investigate. In most cases, the OIPRD will assign the police service involved to conduct the investigation. The OIPRD will also provide you with updates about the status of your complaint.
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You Can Ask The Police For Protection
Police can issue a Police Safety Order to protect you and your children from family violence when theyâve been called out to a family violence incident.
The abusive person must then immediately leave your house, even if they normally live there, and not assault, threaten, intimidate or harass you or your children, or encourage anyone else to do this.
The police can issue a Police Safety order without your consentconsentGiving permission for something to happen. A person doesnât have to verbally say ânoâ or fight back to show that they havenât consented.View the full glossary and can last up to 10 days.
If the person doesnt obey the Police Safety Order, the police can take them into custody and put them before the court.
For more information on Police Safety Orders visit
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What Happens If Someone Files A Police Report Against You
- on Dec 12, 2016
You can be charged with a crime of telephone or electronic harassment or similar.Do not post anything more about this and if you are charged DO NOT talk to the police and make sure you hire a lawyer immediately.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
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What Happens When You File A Report For Harassment
Firstly, lets get right into the main question, by telling you what happens once you have filed a report for harassment.
Basically, once you have reported the harassment to the police, the matter is now in the hands of the authorities, and they will take the necessary steps. Depending on the severity of the harassment, a degree of priority will be given to the case, especially as some cant really be stuck on a waiting list.
But what happens, first and foremost, is that the police will investigate the report. Usually, they will do this by analyzing all of the evidence, interviewing witnesses, and verifying the events of the harassment. They will also usually reach out to the person harassing you, in order to give them a warning or place them under specific measures. It depends, of course, on the situation and the type of harassment, as well as the level of its severity.
If the harassment continues, the police will take harsher measures. And if it still continues after this, you could file a court complaint, and also get a restraining order. The police will be able to help you with the necessary steps for this.
It is also worth noting that, while the police are already investigating the harassment you reported, you can and should report any new harassment, even if it is from an ongoing case. Always keep the police up to date with any of the events taking place, so that they are fully informed of everything, and are therefore better able to take action and protect you.
Consequences Of A Lawsuit Or A Criminal Charge
If you decide to sue a police officer in a civil lawsuit, or if you decide to lay a criminal charge, a trial will be held in court where you will have to explain your complaint to a judge. If you succeed in convincing the judge of police misconduct, you may be awarded damages, or the officer may be convicted of a criminal offence and sentenced to a penalty.
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What Happens When You Press Charges For Assault
When assault charges are filed against a person, the accused will then have to go to court and either plead guilty or defend himself or herself against the charges to eventually be acquitted.
Just because a person is charged with a crime does not mean that the person is guilty of a crime.
In fact, the prosecutor filing the assault charges has the burden to prove to the court, beyond a reasonable doubt, that the accused has committed a crime and must be punished.
If the prosecutor is unable to prove the criminal act and intent without a shed of doubt, then the accused will be acquitted of the assault charges.
However, if the prosecutor is successful in proving that the defendant did in fact commit a crime, then the most common punishments for assault are jail time and fines.
Two: Your File Is Assigned
In most cases, the file will be assigned to the Sexual Assault Investigative Unit . A SAIT investigator will contact you for a formal, detailed interview that will be recorded on video. If youre under the age of 16, police will partner with Child Protection Services for the interview and investigation.
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Someone Sexually Assaulted Me Now What
We know this is a very difficult time for you. Its important for you to know that we are here to help.
The decision to report to police is entirely yours. Some survivors say that reporting and seeking justice helped them recover and regain a sense of control over their lives.
Understanding how to report and learning more about the experience can take away some of the unknowns and help you feel more prepared. If you choose to file a police report, call 902.490.5020 or 911.
Below is a high-level overview of what will happen in the majority of cases. You can also contact Victim Services directly at 902.490.5300 to discuss your options.
S A Survivor Can Take After Going Through Sexual Violence
Whether undergoing a rape kit or pressing charges, the entire process of seeking justice for sexual violence can be overwhelming. After Roxie, 22, was roofied and sexually assaulted, she had no idea where to begin. I had no education on what the process would be like, she tells Allure. Because of how society is, I felt like I was in the wrong. When the police were interrogating me I felt so much shame, like it was my fault.
When Mary decided to get a rape kit the morning after her assault, she didnt know what to expect. It wasn’t something that I thought I would ever have to encounter, she says. The exam was difficult and having it performed so soon after the incident caused her to have a panic attack. But the medical professionals were all very kind and empathetic, she says, which made the experience more bearable. Understanding exactly what to expect can help survivors feel more empowered to make the decision that is best for them.
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