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When a private citizen files a complaint, such as a Disorderly

 
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When a private citizen files a complaint, such as a Disorderly Conduct, against an individual, are the courts obliged to act on the complaint via an appearance ticket?

 

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State/Country relating to Question: New York

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Submitted: 467 days and 19 hours ago.
Category: Criminal Law
Value: $28
Status: CLOSED

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Expert:  LawTalk replied 467 days and 19 hours ago.

Good morning,

I'm sorry to hear of your confusion.

While a citizen is entitled to file a complaint against another, for a violation of the law, once the report is made to the police, it is up to the police and the prosecutor, to decide if criminal charges will be filed with the court.

The court does not have the ability to demand that the crime be prosecuted. It is entirely up to the local prosecutor whether to file charges and proceed with the prosecution of the crime. If they choose to proceed, a citation to appear in court may be served on the person, or an arrest may be made. However, the fact that a complaint is made, does not guarantee that charges will ultimately be brought.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug


Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 96.8 %
Accepts: 1219
Answered: 1/10/2012

Experience: 27+ years legal experience

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