how can this be legal?

[krt]

What is the name of your state? ok

ok, my mother was outside in her front yard when the neighbors dogs came over. her dog trampled their dogs and sent them running home. well this made the neighbors mad and she came over with a pole and knocked my mother to the ground and started choking her. well when it was all said and done she contacted the sheriff and he said that since he didn't witness it there wasn't anything he could do but she could come in and fill out a report if she liked. how could this be legal and why didnt she sheriff do anything about it?

 

[Boxcarbill]

What is the name of your state? ok

ok, my mother was outside in her front yard when the neighbors dogs came over. her dog trampled their dogs and sent them running home. well this made the neighbors mad and she came over with a pole and knocked my mother to the ground and started choking her. well when it was all said and done she contacted the sheriff and he said that since he didn't witness it there wasn't anything he could do but she could come in and fill out a report if she liked. how could this be legal and why didnt she sheriff do anything about it?

It isn't about whether it is legal or illegal. It is about a swearing match between your mother and the neighbor as to what happened. It is about prosecution of a criminal case requires proof beyond reasonable doubt and having contradictory stories between the alleged perp and the alleged victim or a swearing match "s/he said; s/he said" fails to meet that burden. Nothing which you have said suggest that the sheriff was there to do anything about it.

 

[krt]

i dont have a clue what you were just talking about, it sounds to me youre saying if the sheriff doesn't see you doing anything, you cant be arrested of a crime! it doesn't matter the neighbor beat her with a pole and choked her in her own yard...?

 

[stephenk]

there has to be more to this story. just because her dogs were chased away the neighbor beats and chokes your mom? how long has your mom and this neighbor been enemies?

 

[krt]

nope thats all that it was. my mother has a restraining order against the neighbors live in boyfriend tho. she and my mother had never had any problems with each other until tonight. even when their dog jumped and attacked my mother a month ago, she was the one that ran out there and helped, so i dont know why tonight she just sorta snapped.

 

[HomeGuru]

There is more to this story.

 

[brake pedal]

the procedure in this state...

the officers may choose to arrest the person and place charges themselves for the alledged crime,based on statements from the parties involved.but in almost every instance for these types of minor scrimages they do not.the liability of it is just to great.
they could be left hanging with no witnesses,a victum that backs out or changes their story.
in these cases they advise the victum to persue charges themselves,the victum swearing out the arrest warrant themselves at the court clerks office or through a magistrate.

the victum is notified of the arrest/service of the warrant and the court date that is set.the district attorneys office will meet with the victum on or before the court date to discuss the facts relitive to the case.from there the d.a will prosecute like any other case.

be advised this is serious business,if you fail to prove your case or do not persue it you could be taxed the court costs.further if you are found to have lied on the warrant you could be subject to perjury charges and possibly malicious prosecution.

something to look into if the system operates the same in your state.you may wish to discuss it with the d.a. first.