bad cop?

[noroadrage]

What is the name of your state?What is the name of your state? Pennsylvania. I recently was involved in an incident involving another motorist. The other driver had passed me in a no passing zone, with oncoming traffic, nearly causing an accident. While we were arguing, the other driver struck me in the chest and stated that he was going to beat the **** out of me, at which point I kicked his car door, apparently striking him in the ankle. He later told police that his car started moving and he was getting in his car to stop it. After I kicked his door, he got in and drove away. I went to the local police station and reported the incident in detail. Shortly thereafter the officer I spoke with stopped at my house and informed me that the other morotist had called 911 and reported a case of assault, and that several charges would be filed against me. I again told the officer that the other individual had struck me first, and that now I wanted to file charges of assault and harrassment. The officer stated,"no, you are not going to file charges". Again, I said that the other motorist struck me first. The officer again said " no, you are not going to file charges". He gave me a form and said if I wanted to make a report, to fill out the form and return it to the police station, which I did. I have been charged with assault and a few other items and have a preliminary hearing next week. Did the officer violate any of my rights? Did he give me legal advice that he was not authorized to do? Is there any type of precedent in a situation like this? To the best of my knowledge, the other individual has not been charged with anything, even a traffic violation. What can I do? thanks for any help. noroadrage

 

[Curt581]

Bad cop?

Of course he is. All cops are bad, didn't you know that?

I recently was involved in an incident involving another motorist. The other driver had passed me in a no passing zone, with oncoming traffic, nearly causing an accident. While we were arguing, the other driver struck me in the chest and stated that he was going to beat the **** out of me, at which point I kicked his car door, apparently striking him in the ankle.

Since this incident took place at HIS driver's door, that means you had to exit your car, walk over, and confront him at his car. To me, that makes you the aggressor.

He later told police that his car started moving and he was getting in his car to stop it. After I kicked his door, he got in and drove away. I went to the local police station and reported the incident in detail. Shortly thereafter the officer I spoke with stopped at my house and informed me that the other morotist had called 911 and reported a case of assault, and that several charges would be filed against me. I again told the officer that the other individual had struck me first, and that now I wanted to file charges of assault and harrassment. The officer stated,"no, you are not going to file charges". Again, I said that the other motorist struck me first. The officer again said " no, you are not going to file charges".

You had the chance to file assault charges when you went to the police station the first time. You didn't do that. It's too late to try it when the cop does a follow up informing you of charges against you. It's retaliatory.

He gave me a form and said if I wanted to make a report, to fill out the form and return it to the police station, which I did. I have been charged with assault and a few other items and have a preliminary hearing next week. Did the officer violate any of my rights?

The officer informed you of the charges against you, and refused to file bogus tit-for-tat charges against the other guy. What "rights" did the cop allegedly violate?

Did he give me legal advice that he was not authorized to do?

You didn't say that he gave you any advise at all. What are you talking about?

Is there any type of precedent in a situation like this?

Precedent? Again, what are you talking about?

To the best of my knowledge, the other individual has not been charged with anything, even a traffic violation. What can I do? thanks for any help. noroadrage

Hire the best attorney you can afford.

 

[Bravo8]

Curt pretty much summed it up. It's not uncommon for someone being charged with a crime like this to respond with, "Well if he's pressing charges, then I want to press charges." More times than not, I won't file charges (unless it's clear that the other party should be charged as well).

However, you do have the right to file charges yourself. Go to the office of the Magisterial District Judge that has jurisdiction where the incident occurred and ask for a "Private Criminal Complaint". It's similar to the form that the police use to file criminal charges against someone, except that it's for use by private citizens. After you file the paperwork, the District Attorney's office for your county will review the complaint and determine if they feel the charges are warranted. If so, then the case will move forward against the other guy. If not, they will refuse to prosecute and that's the end of it.