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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 06-10-2009, 04:48 PM
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PA private criminal complaint


I'm nervous that a private criminal complaint will be filed against me. I was in a fight at a local bar. The police did come, they did not arrest anyone and told us that it was a private matter. What should I do about this?

Last edited by HelpMePlease88; 06-10-2009 at 06:09 PM.
  #2  
Old 06-10-2009, 05:36 PM
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The complaint goes to the prosecutor and if he agrees then you will be charged. Probably not arrested, you'll just get an order compelling you to appear to answer the charges.
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  #3  
Old 06-10-2009, 05:43 PM
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How likely?


Hi Ron,
Thanks for responding. What are the chances that the DA will approve of it? The police did come and they declined to charge anyone, they said this was just "you said, they said." Will the DA make any attempt to talk to our witnesses or find out if the person or their witnesses are stretching the truth before approving or disapproving it?
  #4  
Old 06-10-2009, 06:00 PM
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No, they just look at the complaint to see if it is plausable. If so, then the next step will be you getting the charge in the mail and heading out to he initial hearing. From then, the judge will determine whether to proceed to the preliminary hearing. All this moves pretty slowly.
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  #5  
Old 06-10-2009, 07:37 PM
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Hi Ron,
Again, thanks. Should I file one before he does? I just want this to go away, so I'm inclined not to. But if he does, should I?
  #6  
Old 06-11-2009, 10:43 AM
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There's no advantage to being first here. Your best option is to lie low until this guy actually takes some action. Talk is cheap. You can guarantee you will have to go to court a few times if you file one your self and may force him to file one in retalliation.

Further, you having filed a complaint doesn't alter your culpability in the action against you. He hit me first isn't a defense.
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  #7  
Old 06-12-2009, 09:04 PM
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Hi Ron,
Thanks. So what I'm understanding is that if both of us file a private criminal complaint - both of us can be charged with the crimes. Which means both of us will have to get attorneys and fight the charges. I know "he hit me first" is not a defense, but he also started the entire thing by provoking me into a yelling match with him before he just hauled off and hit me. I simply tried to grab him to stop him from hitting me.
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