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  • NYPDrook
    Forum Member
    • May 2006
    • 24

    He said she said cases

    What I am wondering is the typical way that he- said, she-said cases are dealt. The background is a fist fight, two persons were stuck with beer bottles. both were of opposite sides of the confrontation. all persons involved were under the influence of alcohol. one is claiming so and so hit them, and the other is claiming a different person hit them. basically it boils down to he said, she said. what typically happens with a case like this? both are pressing charges against the person they "think" hit them.. i say think because neither party knows for sure, just what they were told by their other intoxicated friends. will a case like this go anywhere in court? oh, and no arrests were made the night of the confrontation.
  • zap
    Forum Member
    • Sep 2004
    • 1490

    #2
    Originally posted by NYPDrook
    What I am wondering is the typical way that he- said, she-said cases are dealt. The background is a fist fight, two persons were stuck with beer bottles. both were of opposite sides of the confrontation. all persons involved were under the influence of alcohol. one is claiming so and so hit them, and the other is claiming a different person hit them. basically it boils down to he said, she said. what typically happens with a case like this? both are pressing charges against the person they "think" hit them.. i say think because neither party knows for sure, just what they were told by their other intoxicated friends. will a case like this go anywhere in court? oh, and no arrests were made the night of the confrontation.

    .....Oh, then what is the POINT of asking a COP??
    An impressionable child in a tumultuous world, and they say I'm at a difficult stage... --Meat Loaf

    Professional Stupidity Recognition Technician

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    • NYPDrook
      Forum Member
      • May 2006
      • 24

      #3
      my point in asking a cop was because charges were pressed after that night. i'm not sure how that process works. if arrests can still be made, etc.

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      • Seven53
        Forum Member
        • Oct 2006
        • 50

        #4
        He said she said fight/assault....Nothing happens, can't prove either without independent witness, not drunk buddies of the conmplainants. BUT if they were both drunk at the time of report....both go for disorderly conduct.

        I'M Surprised charges were filed. Do you know if the Prosecutor OK'd the charges?
        Last edited by Seven53; 12-14-2006, 07:29 PM.

        Comment

        • NYPDrook
          Forum Member
          • May 2006
          • 24

          #5
          not sure. hasn't gone that far yet. what i do know is that the two parties injured are both "pressing charges" against their supposed assailants. that's what i was wondering about. what happens when someone presses charges after the fact.

          Comment

          • Shaver
            Forum Member
            • Jun 2005
            • 119

            #6
            Same as every criminal action. All subjects(victims and defendants) will have their day in court. Sometimes victims speak with the detectives and the suspects don't....charges get issued.

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            • WHC166
              Banned
              • Nov 2000
              • 1512

              #7
              I'm not sure how that works where you are, but that would never happen here. Basically it is not up to any victim to "press charges". Only the state can do that. Other than an officer initiating charges, the only other person who can is the States Attorney.

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              • Chief Wiggum
                I Pleedz the Fizifth
                • Nov 2002
                • 1845

                #8
                Let all idiots involved have their day in court and let the judge sort it out.
                Two people can keep a secret if one of them is dead.

                Comment

                • sibpd893tf
                  Forum Member
                  • Jan 2006
                  • 209

                  #9
                  That's what we call a preliminary investigation - you try to determine who the "primary agressor" is. Someone started the damn fight, either by words or actions. As a street cop, it's your job to find out while all parties are still on the scene. If you are lazy and don't want to investigate, just lock them both up for "disorderly conduct on the premises of a licensed establishment". Otherwise, tell them this should be a lesson learned and have a nice night.

                  Comment

                  • ofc129
                    Banned
                    • Jun 2003
                    • 622

                    #10
                    If it's not a domestic and everybody's drunk and got different stories, then yeah it's a race to the magistrate. All you can do is document injuries, RELIABLE witness statements, and what each victim claimed happened that night. Then let them sit down and hash it out with the magistrate. Pressing charges for misdeanor assault is on them, but if they're still out of control when you get there, then hook 'em up for disorderly. Here we also have the charge of affray if it's a mutual combat in public kind of thing that's still going on when you get there.

                    Vtfuzz..out of curiousity..so officers press charges for non-domestic misdemeanors that occurred out of their presence up there and not victims? I'm always curious about how differently states handle things.

                    Comment

                    • just joe
                      Forum Member
                      • Oct 2006
                      • 8537

                      #11
                      Typically, where I am at, they both sign a non-prosecution form and/or the pros. calls them mutual combatants and doesn't charge either party.

                      Comment

                      • WHC166
                        Banned
                        • Nov 2000
                        • 1512

                        #12
                        Originally posted by ofc129
                        Vtfuzz..out of curiousity..so officers press charges for non-domestic misdemeanors that occurred out of their presence up there and not victims? I'm always curious about how differently states handle things.
                        The only way a person is charged with a crime up here is if the police initiate it or the prosecutor (as the chief law enforcment officer in the county). Now we will generally respect the wishes of the victim, but not always (ie, domestics, etc.). Unlike a lot of states, a victim can not "sign a complaint" with the prosecutor or anything like that.

                        Comment

                        • Blackdog F4i
                          Oh no, it's da Po-Po
                          • May 2006
                          • 4706

                          #13
                          Misdemeanor Battery (non-domestic) not in my presence gets a case report and advised to contact the prosecutor.

                          The fun part is when they say "i want you to arrest that m**** f****" and you tell them it dosent work that way. Then when they flip out, they take a ride for disorderly or public intox.
                          "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
                          8541tactical.com - Ammo Wallets

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