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how will police proceed with this case?

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weqas1234

Member
NY

a sibling called 911 after an argument. the suspect was not present when the police showed up. the police then came the next morning, but the suspect was not there either. they asked the suspect to call them. during the call, the police said that the suspect should go in with the accuser to sign papers to drop the charges. This sounds like it will end in an arrest.

If the suspect does not go in, will the NYPD obtain an arrest warrant or issue an I-card? Will this limit employment or travel between states and out of the country? If the suspect stays out of trouble and inquires into the existence of a warrant at another time, will the officers actively search for and pursue the suspect for a misdemeanor?
 


justalayman

Senior Member
there is no way to even guess what the cops might do, especially since you have given no details of what precipitated the call or what charges are being considered. The fact there was mention of the charges being dropped, it would suggest there are charges being filed which can result in the issuing of an arrest warrant.

If there is an arrest warrant issued, it could lay dormant for years or they could attempt to serve it immediately. No way to know.

it would not likely affect interstate travel as we do not have checkpoints when entering a neighbor state. If there is a warrant and the person is stopped and it shows up on any search for information on the driver, it might result in an immediate arrest though. Travelling out of the country, again due to the lack of information, may or may not be affected.
 

weqas1234

Member
the charge is misdemeanor assault. Does help you answer the original question about employment and out of state travel?

Others have said that they're not actually going to drop the charges, they just want the suspect to go in so that they can arrest her. They also said that the nypd usually doesn't obtain arrest warrants from a court because it involves a lot of work and they don't need it.

How can the suspect find out whether there is an arrest warrant?
 

justalayman

Senior Member
the charge is misdemeanor assault. Does help you answer the original question about employment and out of state travel?

Others have said that they're not actually going to drop the charges, they just want the suspect to go in so that they can arrest her. They also said that the nypd usually doesn't obtain arrest warrants from a court because it involves a lot of work and they don't need it.

How can the suspect find out whether there is an arrest warrant?
actually, in most cases, it is not up to the victim or even within their rights to drop the charges. A victim is just that as well as a witness. The decision to prosecute is in the hands of the prosecutor/DA

the visit to the police station is either it a set up for an arrest or they want the suspects statement prior to seeking a warrant and do not want to chase them down.



as to employment; if there is an eventual arrest, that will have a negative affect if a prospective employer looks at their record and it sways them. A warrant may or may not be viewable by those doing a background check.

a misdemeanor is often not an extraditable offense. If the arrest warrant was put on a forum the out of state police had access to, what would likely happen, at worst, is the suspect is arrested and held until NY refuses to extradite.

In reality it is pretty dumb to attempt to evade dealing with this. It could cause much more aggravation by not dealing with than taking care of it now.
 

HighwayMan

Super Secret Senior Member
...issue an I-card?
Huh? What's that?

This sounds like a domestic incident and a DIR (Domestic Incident Report) was probably prepared.

An arrest warrant is not necessary in order for the subject to be arrested. However, to say that the NYPD does not seek arrest warrants because they're too much work is totally ridiculous.
 

weqas1234

Member
Huh? What's that?

This sounds like a domestic incident and a DIR (Domestic Incident Report) was probably prepared.

An arrest warrant is not necessary in order for the subject to be arrested. However, to say that the NYPD does not seek arrest warrants because they're too much work is totally ridiculous.
Apparently it's something the NYPD issues to let patrol officers know that someone is wanted for questioning or as a witness.

How would the suspect find out about this I-card or a warrant?

If the suspect cannot afford a lawyer at the moment, what disadvantages are there to waiting a few months until there is enough money to hire a lawyer?
 

HighwayMan

Super Secret Senior Member
How would the suspect find out about this I-card or a warrant?
When he gets stopped for something and then arrested.

If the suspect cannot afford a lawyer at the moment, what disadvantages are there to waiting a few months until there is enough money to hire a lawyer?
Waiting? Hmmmm.... getting arrested at the "wrong" time/place can be a major inconvenience.
 

weqas1234

Member
When he gets stopped for something and then arrested.



Waiting? Hmmmm.... getting arrested at the "wrong" time/place can be a major inconvenience.
Yes but if the suspect does not drive, wouldn't she have to get on the police's radar for some other incident? Or would the warrant squad actively search for the suspect, if her whereabouts are unknown?
 

Banned_Princess

Senior Member
Yes but if the suspect does not drive, wouldn't she have to get on the police's radar for some other incident? Or would the warrant squad actively search for the suspect, if her whereabouts are unknown?
I'm sure she is usually a passenger in a car, and she could get caught then.

If the employment checks with homeland security a warrant will absolutely come up, no matter from where.

Also NYPD has stop and frisk. Another chance to get popped.

Grow up and go deal with this. You never know when a warrant is going to catch you. So go take care of it. And stop trying to get us to tell you you are safe, or where you are safe. With a warrant, you NEVER are.
 

CdwJava

Senior Member
Apparently? Who told you that? I never heard of such a thing.
It's possible that some precincts issue lists of people that are wanted or of interest in an investigation.

One of my previous agencies published a daily "probable cause" list that contained the names of those for whom there was probable cause to arrest and for which a warrant was being sought. The list was generally good for about 30 days. I imagine that other state's or agencies might use a similar internal process for these sorts of things, though I am not familiar with how the NYPD might specifically handle an issue of notifying their peers of someone wanted but without a warrant (common from what I am told by friends with the NYPD).
 

weqas1234

Member
It's possible that some precincts issue lists of people that are wanted or of interest in an investigation.

One of my previous agencies published a daily "probable cause" list that contained the names of those for whom there was probable cause to arrest and for which a warrant was being sought. The list was generally good for about 30 days. I imagine that other state's or agencies might use a similar internal process for these sorts of things, though I am not familiar with how the NYPD might specifically handle an issue of notifying their peers of someone wanted but without a warrant (common from what I am told by friends with the NYPD).
what do you mean it's common that someone is wanted but without a warrant? even with probable cause?

what happens to the probable cause list after 30 days?
 

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