• 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.

Citizens Arrest

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

Kyle Crespin

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

Can a police officer make a citizens arrest if a 'so-called' victim(s) parent who wasn't even there as a witness ask the officer to tell me...or does the parent have to come over to me and ask themselves? The victim didn't want to press charges. This so-called incident happened in another city and our local police came to my lady's parents house and would not arrest me...a few hours later an officer from the other city came along with my city's officers who came before and said that there was a citizens arrest or I was to be arrested by a citizen who's name was never mentioned...but that I would not be going to jail but instead was given a citation to appear in court on a (M) 242 Battery and was released on site my house. This victim is also my neighbor if that matters and does not live with her parent.
 


CdwJava

Senior Member
Can a police officer make a citizens arrest
A police officer does not MAKE a "citizen's arrest" ... he is required to ACCEPT a private person's arrest, but he does not make one.

if a 'so-called' victim(s) parent who wasn't even there as a witness ask the officer to tell me...or does the parent have to come over to me and ask themselves?
If you are asking whether or not the parents of a minor child who is a victim can request that a subject be placed under a private person's arrest, yes, they can. They do not have to be present, they need only express the desire for the arrest. Their child does not necessarily have to want the arrest ... though it would help if the state chooses to prosecute.

but that I would not be going to jail but instead was given a citation to appear in court on a (M) 242 Battery and was released on site my house. This victim is also my neighbor if that matters and does not live with her parent.
Be sure to appear in court on the date and time in question. if you are a minor, and the court date is pending contact from Juvenile probation, be sure to attend the hearing as scheduled.

- carl
 

Find the Right Lawyer for Your Legal Issue!

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