The Uncommon Two

[rice000]

What is the name of your state?What is the name of your state?What is the name of your state?Georgia

A person is arrested at their home, on a new charge, the person is already on Probation for an old charge of Disorderly Conduct, or some lesser charge.

A report is completed by the arresting officer at the point of arrest (the person's home), the person is ofcourse taken to jail. 3 days later the same person, while in jail is called down finger printed on new charges: Felony Stalking the arrest report concerning this charge is completely different than the report concerning the the lesser charge. this charge comes from the same actions leading to the person's arrest, completed by the same officer.


Both reports are prepared by the same officer, the case is thrown out after 2 months, and the lesser charge taken to court, and a new statement written.

Question: How can the some action have 2 differents description of events, established by the same person?

How helpful is it to have these 2 conflecting arresting reports?

What happens when a jury finds you not guilty of the actions in any of the reports, does that person have any civil actions to consider at hand, especially towards the police department?

 

[badapple40]

Probably not; there is immunity usually given to law enforcement -- unless you can show actual malice and a lack of probable cause for the arrest. Did they have a probable cause/preliminary hearing soon after your arrest, or did the grand jury hand down an indictment? If so and they found probable cause, you won't win any kind of lawsuit (exceptions exist if the officer deliberately/maliciously withheld material information at the hearing).