Can a person be charged SOLELY based on the story police is telling?

[Megajess]

What is the name of your state (only U.S. law)? Colorado

My son 21 y.o, was stopped by police as they thought he was intoxicated and "behaving aggressively towards other male parties" (No "other male parties were named in their report")
They neither read him his rights, nor took the breathing or any other test. I was told that such test is not required in Boulder, CO. My son does not remember anything of what happened after police stopped him.
He is a senior in CU and a cadet with absolutely no negative records, and he behaved strange, like talking strange things etc.
Now he's being charged with assault in the 2nd degree, assault in the 3rd degree, criminal attempt to commit assault the 3rd degree,
criminal mischief (this one for the BP device they dropped) And my son was beat up in the process, his chin slit (has stitches)
So can someone be charged SOLELY based on the story police is telling?
Or should WE press charges?

 

[Megajess]

For some reason I cannot edit my post,
but I need to stress that my son does not remember anything
after the police stopped him.
They might have done something to him I don't know.

By him behaving strange I mean the police is saying in their
report he was resisting arrest and telling them things like "I kill you"
But that what police says.

The facts are - the slit chin, and all these hassle
with trying to prove that you are not an azhole

 

[Just Blue]

What is the name of your state (only U.S. law)? Colorado

My son 21 y.o, was stopped by police as they thought he was intoxicated and "behaving aggressively towards other male parties" (No "other male parties were named in their report")
They neither read him his rights, nor took the breathing or any other test. I was told that such test is not required in Boulder, CO. My son does not remember anything of what happened after police stopped him.
He is a senior in CU and a cadet with absolutely no negative records, and he behaved strange, like talking strange things etc.
Now he's being charged with assault in the 2nd degree, assault in the 3rd degree, criminal attempt to commit assault the 3rd degree,
criminal mischief (this one for the BP device they dropped) And my son was beat up in the process, his chin slit (has stitches)
So can someone be charged SOLELY based on the story police is telling?
Or should WE press charges?

Curious...How would YOU press charges?
Also would love to know WHAT you would base those "charges" on as your 21 year old ADULT son "doesn't remember" what happened?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Colorado

My son 21 y.o, was stopped by police as they thought he was intoxicated and "behaving aggressively towards other male parties" (No "other male parties were named in their report")
They neither read him his rights, nor took the breathing or any other test. I was told that such test is not required in Boulder, CO. My son does not remember anything of what happened after police stopped him.
He is a senior in CU and a cadet with absolutely no negative records, and he behaved strange, like talking strange things etc.
Now he's being charged with assault in the 2nd degree, assault in the 3rd degree, criminal attempt to commit assault the 3rd degree,
criminal mischief (this one for the BP device they dropped) And my son was beat up in the process, his chin slit (has stitches)
So can someone be charged SOLELY based on the story police is telling?
Or should WE press charges?

You weren't there. You can't do anything. Apparently your son has an issue of some sort in that he doesn't remember anything. That could indicate that he was drunk or has a medical issue. Since your son denies any knowledge of what happened, the police seem to be the only ones who know anything. Yes he can be legitimately charged and prosecuted. Why do you believe YOU have a legal right in this situation?

 

[Zigner]

The "story" is evidence. Compelling evidence at that.

 

[Ohiogal]

For some reason I cannot edit my post,
but I need to stress that my son does not remember anything
after the police stopped him.
They might have done something to him I don't know.

By him behaving strange I mean the police is saying in their
report he was resisting arrest and telling them things like "I kill you"
But that what police says.

The facts are - the slit chin, and all these hassle
with trying to prove that you are not an azhole

Sounds like your son has issues. Apparently, your son committed a few crimes. The police from your telling did nothing wrong. Your son threatened them and probably took a swing at them so he got hit. Maybe your son should get a medical checkup OR lay off the alcohol/drugs.

 

[TigerD]

What is more likely:
1. The police just made the whole thing up to beat up and lock up a random kid walking down the street
or
2. Your son is lying to you.

The magic 8-ball is not necessary here.

DC

Edited to add: You son may not have done everything they say he did, but he did something to attract police attention. The best thing to do is get him an attorney.

 

[Just Blue]

For some reason I cannot edit my post,
but I need to stress that my son does not remember anything
after the police stopped him.
They might have done something to him I don't know.

By him behaving strange I mean the police is saying in their
report he was resisting arrest and telling them things like "I kill you"
But that what police says.

The facts are - the slit chin
and all these hassle
with trying to prove that you are not an azhole

Don't think this is a "fact".

 

[tranquility]

A person can not only be charged "solely" based on the story the police are telling, they can be convicted. In fact, it happens all the time.

 

[Megajess]

Cool! Thanks everybody. Watch me come back in a couple of months after the trial and tell you that this case with tons of charges is dismissed
even tho there are pages and pages of stupid police trying make themselves good.
And after that we will go after the poor government. Watch us

 

[Ohiogal]

Cool! Thanks everybody. Watch me come back in a couple of months after the trial and tell you that this case with tons of charges is dismissed
even tho there are pages and pages of stupid police trying make themselves good.
And after that we will go after the poor government. Watch us

You might want to google qualified immunity. Oh and standing.
The police have qualified immunity and YOU don't have standing. Your adult son is the only one who could possibly sue and he would have to overcome immunity and prove that the police were so far out of line and he can't do that. Because he can't remember anything that happened.


I note you don't deny junior boy may have been drunk or high or have a medical issue.

 

[TigerD]

Cool! Thanks everybody. Watch me come back in a couple of months after the trial and tell you that this case with tons of charges is dismissed
even tho there are pages and pages of stupid police trying make themselves good.
And after that we will go after the poor government. Watch us

I think I can hazard a guess as to why this happened...

dc