• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Police reports, pressing charges, warrants

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jmeva

Junior Member
What is the name of your state (only U.S. law)? Virginia

Could someone explain the procedures that are taken for the above?

To be more specific, here are some details...

Last year I filled out police reports for Stalking, Trespassing, Burglary, and Destruction of Property. I filled out these reports with responding police officers and the city magistrates. I also filed a report with the Fire Marshal for an apartment fire that was ruled Arson, and named the same individual as the main suspect (although I did not witness him committing the crime, unlike the other crimes mentioned previously).

Can someone tell me what filing a police report means/does? Is it the same as pressing charges against someone?

I knew the person who committed each crime. He fled the scene before police arrived on each occasion. I told the police who he was and they took down his information on each report. What do they do with that information afterwards? Do you have to file criminal charges seperately? What exactly happens before a warrant has to be filed for someone's arrest?

Despite my numerous requests, it appears that police never followed up on any of the reports and the person of interest was never questioned about any of the crimes.

Unfortunately the situation has not improved much, and I am still being harassed. What should my next steps be in regards to getting action from local law enforcement?
 


outonbail

Senior Member
What is the name of your state (only U.S. law)? Virginia

Could someone explain the procedures that are taken for the above?

To be more specific, here are some details...

Last year I filled out police reports for Stalking, Trespassing, Burglary, and Destruction of Property. I filled out these reports with responding police officers and the city magistrates. I also filed a report with the Fire Marshal for an apartment fire that was ruled Arson, and named the same individual as the main suspect (although I did not witness him committing the crime, unlike the other crimes mentioned previously).

Can someone tell me what filing a police report means/does? Is it the same as pressing charges against someone?

I knew the person who committed each crime. He fled the scene before police arrived on each occasion. I told the police who he was and they took down his information on each report. What do they do with that information afterwards? Do you have to file criminal charges seperately? What exactly happens before a warrant has to be filed for someone's arrest?
No, you file a report. The police and/or detectives review the information you've provided, then investigate the crime, follow up on any leads, interview witnesses and the suspect etc.
When they have finished their investigation, the report gets handed over to the local prosecutor or district attorney. They review the evidence and if they believe they can prove the charges in a court of law, they file the charges on behalf of the state and request an arrest warrant be issued for the suspect.
If the DA doesn't believe he/she can prove the charges, they will usually send the case back to the detectives for further investigation. If they can not come up with additional evidence, or witnesses to the crime, the case may never get filed.

Despite my numerous requests, it appears that police never followed up on any of the reports and the person of interest was never questioned about any of the crimes.
How would you know this? The police are not going to keep you updated on the criminal investigation of this or any other case. If they need more information from you they will contact you.

Unfortunately the situation has not improved much, and I am still being harassed. What should my next steps be in regards to getting action from local law enforcement?
Aside from the report you filed with the police, have you gone before a judge and requested a restraining order or no contact order against this person? This is issued by a judge, not the police. The police are there to enforce the order if it has been issued by a judge. So if you haven't already done so, this should be your next step.

It is also possible that the person you named as a suspect has cut a deal with the police to act as an informant for them to help them catch bigger and badder guys. This is not something you would have any way of discovering without the suspect himself telling you. The police are usually very protective of their snitches, especially if they produce well for them.

It could also be that they just don't believe you and think you're making the accusations as a form of revenge, so there's no telling what may be happening on the inside, behind closed doors.
 

seniorjudge

Senior Member
What is the name of your state (only U.S. law)? Virginia

Could someone explain the procedures that are taken for the above?

To be more specific, here are some details...

Last year I filled out police reports for Stalking, Trespassing, Burglary, and Destruction of Property. I filled out these reports with responding police officers and the city magistrates. I also filed a report with the Fire Marshal for an apartment fire that was ruled Arson, and named the same individual as the main suspect (although I did not witness him committing the crime, unlike the other crimes mentioned previously).

Can someone tell me what filing a police report means/does? Is it the same as pressing charges against someone?

I knew the person who committed each crime. He fled the scene before police arrived on each occasion. I told the police who he was and they took down his information on each report. What do they do with that information afterwards? Do you have to file criminal charges seperately? What exactly happens before a warrant has to be filed for someone's arrest?

Despite my numerous requests, it appears that police never followed up on any of the reports and the person of interest was never questioned about any of the crimes.

Unfortunately the situation has not improved much, and I am still being harassed. What should my next steps be in regards to getting action from local law enforcement?
https://forum.freeadvice.com/showthread.php?t=417404

Isn't this the same situation?
 

Jmeva

Junior Member
Thanks for your response

Thanks for making it a bit clearer for me. Yes, that is the same incident. I just wanted to be clear on all of the procedures, and I just wanted to make sure there aren't any further steps I should be taking (in regards to local law enforcement. I do plan to try to contact military personnel again).

So, from your explanation.. after I filed the reports it's completely up to the police to investigate, file criminal charges, and issue warrants?


This is why I said it appears the reports haven't been followed up on:

-After much time passed with no word from police, I called the sheriff's office to ask about some of the incidents, and was told something along the lines of paperwork being misplaced/misfiled and that's why they hadn't done anything yet. They told me they would get a detective on it and follow up with me the next day. They never did.
-After numerous calls, I was able to get ahold of the detective that was given the burglary case. She questioned me about the burglary again and told me she would call again after she was able to question him. She never contacted me again and never returned any of my phone calls after that.
-I called the Fire Marshal and they told me they had tried to question him about the arson but he wasn't home. They said they would contact me after they tried a second time. They never did.
-All of these reports were filed months before he joined the service, so obviously the allegations weren't taken any further or they would be on his record when he applied.. right? (I don't know how it works, obviously..)
-The person in question stays in contact with an aquaintence of mine, who has told me this person has never talked to police about any of the incidents.


With each report, I provided the police with information about previous reports and my detailed log of incidents/run-ins with this person. The police were informed that there were other witnesses for the Stalking and Trespassing complaints (who were also never quetioned..). So, do you think they still felt like the complaints were not worth their time or what? It has been a year, and these were very simple charges that could have been easily proved in court. I guess I'm just feeling helpless right now.


The city magistrate told me there was no such thing as a Restraining Order in the state of VA. I did apply for a Protective Order, but because the person in question did not show up for court (and because he still had not been charged with any of the complaints) my request was dismissed. When I was able to file the report for Stalking, I was awarded an Emergency Protective Order but it only had a duration of 3 days.


I know I keep asking a lot of questions, but I'm just crossing my fingers that I'm missing SOMETHING, that there's still something I can still do. Things aren't getting any easier.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top