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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-28-2004, 11:01 AM
tommichaels
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assault charge-no witnesses


What is the name of your state? MD

I am in a room alone with a teenager...we exchange strong words...he later says I pushed him...no physical damages...no witness...is this just his word against mine??

Can he stll file charges??

Arrested?? Go to trial??

tm
  #2  
Old 10-28-2004, 11:12 AM
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Quote:
Can he stll file charges??
Yes

Quote:
Arrested??
Yes

Quote:
Go to trial??
Yes
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  #3  
Old 10-28-2004, 12:08 PM
tommichaels
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So you are saying that I could go to the police....claim I've been pushed...and based on MY word have a person arrested??

That doesn't sound fair!!

t
  #4  
Old 10-28-2004, 12:14 PM
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Quote:
Originally Posted by tommichaels
So you are saying that I could go to the police....claim I've been pushed...and based on MY word have a person arrested??

That doesn't sound fair!!

t
You can claim he assaulted you, and depending on the laws in your state, you may even be able to get him arrested ... maybe. But, proving it in court is real iffy.

In CA you could make a 'private person's arrest' (aka a citizen's arrest) and the police would have to accept it. But, they would have the option of citing and releasing the suspect as opposed to jailing him. I am sure MD has something similar.

It may not be fair, but it's possible. However, if the event is in the past, then the chances of arrest drop precipitously.

- Carl
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