CdwJava said:
Arrests are made on probable cause. Probable cause has to be developed. And if the suspects are denying the tale - or have a differing account of the events - then prosecution can be tough.
There may be more to the story than you have been told. There is no real reason that the police would NOT charge anyone responsible if they could. But, making a case does not happen overnight. Real life is not a one hour TV show where it's all wrapped up in a neat bow.
Knowing what happened and proving it are two different matters. Most suspects don't admit to violent and unprovoked assaults.
Also, keep in mind that any executive directive from your state's atttorney is not a mandate for the police department. They don't HAVE to do what the state's attorney says. They have to follow the penal law, but they don't have to follow the state's attorney's directive. So even if they failed to follow the guidelines, that may be nothing more than a shoulder shrug by a court.
Have you spoken to your local prosecutor about the case? What does he/she have to say?
What about speaking to someone higher up in the police department? There may be a reasonable explanation that just hasn't been explained to you yet. And four days is NOT a lot of time. Very few felony assault cases will result in an arrest after only four days unless the officers are called to the scene and catch people proximate to the time of the incident.
Of course, if your son is not willing to cooperate, you can kiss a any prosecution goodbye.
- Carl
Carl, Thank you for your response. I usually do not take hesitate to attempt to educate myself on any matter that has strong effect on the way my family lives. This is really disrupting my covenant of quiet enjoyment.
My son is certainly no angel, by that i mean i have taught him and my older son to never be a sponge to absorb punishment, abusive behavior, or anyones nonsense period. The schools are rough now and he did willingly participate in the first scuffle as i stated.
Ihad to coerce pleasantly[LOL] the truth out of him in the hospital while waiting for the police for the fourth go round of the clock. But all the facts are in play, and all the witnesses have spoken, by the way, one has come forward that is friendly with the actors and did standoff and witness incident, he actually assisted in stopping it.Anyway i have since cooled my heels and decided to let the local agency get their information to the prosecutor who is waiting already to read it and " possibly" make some adjustments .
I just still cant imagine not charging every offense right from the start. When i was a younger man[haha] i was incarcerated for much less serious beating i administered without the help of others. Just a different time i guess. Much less violent then now , guess all these newfangled methods of prosecution are really working well. Maybe we should just give em a timeout. Thanks , RICH
