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If someone were to file assault charges tomorrow on me, would

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If someone were to file assault charges tomorrow on me, would the police come and arrest me at my house or would they just mail me the charge? I just want to be prepared as to what may happen.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 10 months ago.
Thank you for your question.

A charge would not be mailed. If a person made a complaint with the police, and they found probable cause that a crime had been committed (that is, a reasonable belief that an assault had occurred) they would arrest you - though it doesn't necessarily have to be at your house - it can be wherever they find you. They would not mail the charge.

Customer: replied 10 months ago.

Well, I do know that she filed a report with the police this evening, however, she did not press charges. So that's what I don't understand. If she goes and files charges tomorrow, what are the consequences? Basically, would they contact me asap, or should I call them and just go on up to the station?


 


Also, does she only have 24 hours to file these charges or can she do it 2 weeks from now?

Expert:  RobertJDFL replied 10 months ago.
A person cannot file charges. Filing charges is left to the state via the prosecutor's office.
A person can make a complaint with the police, who can investigate and if they feel there is good cause to make an arrest, can do so.

I would not contact the police. I cannot tell you when they would contact you - there is no set time, hoever, you are not benefited in any way by going there in person. If the police get in touch with you, make no statements to them -either verbal or in writing, without speaking to a lawyer. If you are arrested, remember that you have the right to remain silent and should not say anything without talking to a lawyer.

She does not have to file within 24 hours. South Carolina has no statute of limitations (or time to bring a complaint) for criminal matters, so technically, the case could be filed at any time during your lifetime.
Customer: replied 10 months ago.

OK, thank you very much. One last thing, do you have any idea how long it normally takes the police/prosecutor to decide to press charges against me? Basically, do you think it would be as soon as tomorrow that I would hear from them or could it be up to 6 months before I heard anything from them?

Expert:  RobertJDFL replied 10 months ago.
Again, there is no set time for them to decide. On the one hand, they generally don't want to take too long -as new cases are coming in all the time, witnesses forget things, people move away, etc. Therefore, I wouldn't expect it to take months, but nor do I necessarily see charges being filed as early as tomorrow. It would be weeks at least - but again, there is no way to tell you exactly how long an investigation will take.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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