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Habibi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-21-04 07:14 PM
Original message
I have a law enforcement procedure question!
And I don't know any cops I can ask. Here it is:

If my home is invaded and I happen to knock the intruder on the noggin hard enough that he is incapacitated and has to be removed by EMTs, what is the procedure for filing charges against this person? Do I go "down to the station house" then and there or does the officer who comes to the house in response to the 911 call just take my statement, or--I don't know, does filing charges have to wait until the intruder regains consciousness? Do I *have* to file charges? (Okay, that's more than one question.)

Thanks in advance!
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ButterflyBlood Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-21-04 07:15 PM
Response to Original message
1. Cuban_Liberal is a cop
maybe he'll reply.
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Cuban_Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-21-04 07:18 PM
Response to Original message
2. The EMT's will call us, so don't sweat it.
:)
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Habibi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-21-04 07:25 PM
Response to Reply #2
3. Thanks, but I'm interested in the procedure.
It's for a short story I'm writing.
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stellanoir Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-21-04 07:32 PM
Response to Reply #3
4. If crime (breaking & entering &assault) have been committed. . .
even in acts of self defense, it is always best to cover your butt by filing a report ASAP. Adopt the middle name "documentation" till the issue resolves itself.
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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-21-04 09:39 PM
Response to Original message
5. Depends on a lot of things. You might be taken to the station
house in some jurisdictions, in others, they wont. Either way, the entire chain of events will be gone over carefully by detectives and or the DA.
Most likely, if you have half a brain, you will be able to show that this person was in your home, in the dark, you were frightened and in fear for your life and you struck out with whatever you have on hand, which in practically every state will mean you are innocent by reason of self defense.
In most jurisdictions this does not even mean an arrest unless you have a DA who wants to make a name, or a judge who wants to be Governor or some such.

As for your specific question, most of the time if you call for EMT's to remove an assault victim, you will see police officers first, and they will process you as they see the facts.

Does that help?

But, God help you if the detectives or DA find that there is some kind of connection between you and the "intruder" and especially if it is some kind of shady connection like drinking/drugging buddies, high school rivals, ex-business partners, married to the same woman or sharing a common girl friend. Then stand by to see bars.
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