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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100571
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What happens after someone presses charges against you for

Resolved Question:

What happens after someone presses charges against you for something they think you did?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

If this happens, the police may:

1) Call you into the station for an interview. If this happens, do not go without an attorney, and your attorney may advise you not to cooperate anyways. The police would only wish to talk to you so that they can get you to say/admit something that can be used against you. They would arrest you if they had enough evidence.

2) If they do feel that they have enough evidence to warrant an arrest, they will, and then the DA would pick up the charges and you would be charged in front of the Court. Most non-violent and even some violent crimes will permit bail to be set so you could bond out while the matter is pending with the court.

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Customer: replied 5 years ago.
What if its for slashing tires and a neighbor said they saw a car and they presume it was a family members?
Expert:  Ely replied 5 years ago.
Thank you - what if what, exactly - what do you need to know?
Customer: replied 5 years ago.

I know they can still press charges for that but do I go to court to prove it wasnt me? Will the police review it and realize there isnt enough evidence? I have parents that will say I was home so is it basically my word vs. theirs. And do I receive something in the mail or what?

Expert:  Ely replied 5 years ago.
Hello,

Yes, I am afraid so. If they charge you, then you would indeed have to go to Court to prove that you are not guilty. Rather, the onus is on the prosecutor to prove that you are guilty by beyond a reasonable doubt. Not showing to Court would have a warrant be placed out for your arrest.

The police can make a decision either way, so we simply do not know at this point. Your parents' alibi for you may not be enough since they would be seen as tainted witnesses.

At this point, you would either be asked to come down to the station, or be arrested without notice if they decide they do not need any more evidence to charge you.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Customer: replied 5 years ago.
ok last thing. If it happend 2 nights ago and nothing has happened yesterday or so far today does that mean anything? Thanks
Expert:  Ely replied 5 years ago.
Please ask as much as you need to - this is why I am here.

No, this does not mean that the matter has passed for the police can take a few days to few weeks to act. Technically, they have 12 months to charge you here.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Customer: replied 5 years ago.
Ok thank you. Does it matter that it is being processed in another county?
Expert:  Ely replied 5 years ago.
Hello,

No, it does not, in terms of decision whether or not to charge someone.
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