Is there anyway to deal with a police report that has false details reported that if reported accurately would not lead to a warrant being issued.Or do you just have to wait for the warrant, because the detective's "job" is to prove a crime was committed. This seems to conflict with the defendants rights to provide their side of the story.
Country relating to Question: United States
State (if USA): District of Columbia
tried to provide the detective evidence that can't be considered anything but fact ... it's written by plaintiff or myself and is on record of being received and read
A person certainly has a right to clear up issues with their own statement given to the police. If a person said things to the police which were not accurately reflected in their report, the person has the ability to make it known to the officers. The officers, however, not legally obligated to change it, although they should include in their report that the person requested the change.
how long has a text option been in place so much more efficient and
One thing to keep in mind is that a defendant does not have a "right" to provide their side of the story. They may, but they don't have a right to do so.
lets say i'm a novice with crime no record, believed the detective wanted the facts .... didn't realize into half way through our 10 minute conversation he was trying to check off the boxes for a misd theft 2 charge
I'm not sure how long the text feature has been available.
id pay a lot more for this option
the whole waiting for an answer and then the confusion in using email leads to more emails etc
the "theft" was a dog from a dog daycare center .... the daycare center has a dog cam ... I noticed our dog over there at 11pm something I'd never seen before ...so it seemed odd .... i was with this person for 4 years and we'd never kenneled the dog or left him at daycare past 7 .....
Did the officer incorrectly document what the person said?
it had been 3 months since my ex decided it was his right to use the dog as a weapon to hurt me ... by not allowing me to see him or his brother who I had with me
the detective took the daycares version ... which had changed ... I have proof to show they didn't even know where the dog was the next day ... a voicemail that i returned saying i did .. I'd left my ex a message that night and an email the next morning ..
i went to my ex's to see what may be up ... he wasn't there ... walked back and when I got back was told the dog was being boarded for 7 days
the dog may not have been my "property" and maybe I made an emotional decision but the intentions was to do what i thought was best for the dog, try to make sure nothing was up with my ex .... and had no intentions of keeping the dog permanently
So you saw your ex's dog at the kennel, entered the kennel at night and took it?
The daycare center after understanding their liability .... having to find out from my ex that I had the dog went nuts ... calling me every name in the legal book ... telling me the police, fbi, army was coming to arrest me ( you get the point ....they were saying things they had no authority to do ... the police told them they let me walk out the door twice with them ... where is the theft ... it's a civil issue
it was out dog, picked up together .... legally his name was on the certificate of adoption ... but yes after trying to find him, and learning of the boarding .... I took him making no claims I was my ex etc. and notified everyone
I told my ex to leave me a message or get in touch with me when he was back ... he was back on Monday ( which I knew ... he didn't realize it) and allowed me to keep the dog as he didn't answer 5 emails about the dogs return .....)
So the kennel gave you the dog, correct?
i grew suspicious of the chance the vindictive behavior i knew would had left me with the dog trying to return him all while filing a police report
the kennel handed me the dog twice
they now claim i did it fraudulently
Did you make any representations about the dog belonging to you?
because i should have known that rob had some supposed notation on the dogs file that said do not realease the dog to Jim ever ... i doubt if it existed.
i told her i was concerned about my ex and dog .. she assumed I suppose she saw me bringing the dog in and out for years and made that assumption
she knew i wasn't rob my ex .. because when I returned she'd looked up the detail and found the boarding report .. so certainly if he was boarded that morning at 10 .am Rob my ex wasn't back at 11pm ...to take him
This is a case that falls within the grey area of what is criminal and what is civil.
the fact i had no intention of depriving my ex permanently of the dog should not make this a crime .....
On one hand, the kennel gave the dog to you, and they should have done a better job making sure you were the owner.
i mean what was he doing for five days when i was writing and he was allowing the dog to stay with me
On the other hand, you knew the dog was not yours and left with it anywany.
exactly .. but the kennels hackles went up when they realized this ... I have a voicemail from the daycare owner calling and asking me if I had the dog ... and if I did it wasn't a big deal just let her know
This is actually a close call, but, ultimately, most police departments and DA's offices would not take this as a criminal case.
yes i knew he wasn't mine maybe legally ....
ok its been 8 days since my interview ... ive heard nothing .. there is no warrant
Do you know if a warrant has been issued.
it was just that the detective would not take my information to prove my innocence
it hasn't - i check every couple hours for the active list
Legally, he is not required to take your evidence. That is why we have an adversarial system of justice...you get to present your side in court and the police get to present theirs.
i have no record at all .. a misdeameanor charge even if found innocent could have a ton of negative effects on my work life .
he may not be ... but shouldn't he ... I tracked him down ... once I found a police report had been issued and asked him what he wanted me to do ... which i did within 30 minutes
If you were found not guilty, you could have it expunged from your record.
im hoping he didn't appear to care what i said about defending myself because he had no case and was just trying to see if he had one if i said something that contradicted the facts
In many cases, the police go out, take a report, and nothing comes of it.
still, to have a warrant issued, booked ... go to court for the etc etc ... should not happen on a case that doesn't fit the standards of theft.
it was his demeanor that bothered me but it may have been an attempt to say something or just intimidate me .... he may have thought i was going to go off the deep end on my ex so he was trying to scare me ... ive speculated all week ...
No, it should not happen, but what "should" happen and what sometimes does happen aren't always the same.
It is has been a week and no warrant has issued, it would not surprise me if one never did.
In a small case like this, police tend to clear the case relatively quickly.
i know .. but with no record .. i gave the dog back to him 30 minutes later, after making 5 attempts with my ex ... my first email to my ex says its not like im trying to take him from you forever or I wouldn't have told you or the kennel
it just sucks waiting around not knowing whats up
he threw out stalking this and that out there as comments ... it was all so ridiculous ... I knew my ex was back in town from a read receipt ... that's my stalking
Time is on your side. The longer it goes without a warrant, the less likely that one will be issued.
Am i correct in saying that he never would have tricked me into being interviewed if he thought he had a case
still the police can arrive at my door anytime ... how does one prepare for that
There really isn't anything you can do to prepare. The only thing I can think of is to have someone on standby to make your bail.
ok .......so tell me, what is considered theft .... that gets prosecuted .. realizing that the dog is considered property .. thus worth 98 dollars
It isn't the value of the theft theft that would prevent it from being prosecuted, it is the issue of the kennel giving the dog to you.
the kennel made a mistake is all ....they say fraud .. i say why did i come back twice .. why did she give me the second time i came back knowing that my name wasn't the name who was suppose to pick up the dog a week later ... it was a females name I'm a male ...
All good points and reasons I don't think it is a criminal case.
unless they lied which I assume they did by their emails ending their communication with me ....
there is no way she thought I was my ex partner ... it's impossible
If they lied, there isn't much you can do about that until it goes to court.
doesn't the voicemail from the owner of the daycare center the next day ... asking if I had him ... saying it was no biggie she just wanted to locate him ... speak to the daycares negligence not mine
Yes. If the officer won't accept that from you, you will have to present it when/if it goes to court.
i just dont understand why the detective would allow this to go to court to have a judge hear very simple facts that would make their report look ridiculous.
im hoping he took note mentally ..... and was just being a dick .. but who knows ...
It's really impossible to say.
I know it is frustrating, but you just have to be patient. As I said, the longer it goes on, the less likely it is that this is going anywhere criminally.
ive been told by a couple family lawyers there is no way this is going to court ... they focused on the emails trying to return the property and the first email I sent saying I had no intention of keeping him from him
ok ... i'll wait around as i become a stalker and all the other BS that put me there that night to say I was rob my ex and steal the dog forever ....
I agree with their assessment.
its so stupic
It is...just be patient.
ok ... i mean i have the dog for five days and he's a half mile away and can't even return an email
i even offered having a common friend do the return if he felt uncomfortable ....
who would be the plaintiff on this report?
the daycare or my ex .. they would not tell me anything ...
There aren't plaintiff's in criminal cases, only witnesses. The ex would be considered the "victim," though.
The state brings the case, not the daycare or your ex.
ok .... then i think his case is even weaker if their is one
Can I help you with anything else?
no i really appreciate it .. do warrants get served on the weekends? or can i relax for two days
Warrants can issue at any time.
If I can't do anything else for you, please remember to "rate" my answer. Good luck.
ok ... the detective said it would be a volutary turn in but i dont trust him
ill rate you the top designation you were great .. text is so much more efficient
Glad to help. Good luck.
can i ask one last thing ... is there anything an attorney could do withe the detective or AG who may be considering this?
that is my last question promise
Most likely, no.
ok that you very much ... you were great ..
Experienced in both state and federal court.
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