Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry for this dilemma DarrenCan you tell me, are the police prosecuting him for this assault?
Thank youThe one thing that is important to understand is that police have "discretion". They are not required to investigate any particular allegation. So you can not force them to arrest this guy.That simply is not possible.If they refuse to arrest, you could consider filing a civil suit for assault (seems you have a great case)All that said, I would be surprised, given your description, including this guys status, that the would not arrest/prosecute.
What you are describing is clearly a crime. He can (and arguably should) be prosecuted.If they are not prosecuting the case, I would contact the chief of police and complain. As a citizen you have every right to expect the police enforce assault laws.
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In HI, like in all states, the police have discretion. You can not force them to prosecute any particular charge
PeriodYou can always request they prosecute...which is why I recommend you go back to the police and ask they do so. If you are requesting they prosecute and you have evidence of physical injury? I would be surprised to hear they refused to take the case.
Go get em! Seriously, my experience with the police (and I have interacted with police, at least on Oahu) is that they are reasonable. Go make the report and ask they prosecute this criminal assault.
You can always ask for me...if you put " for PSIMMONS" in the question i will see it. I try and check the site daily.
Thank you much Darren
Best of luck with this mess