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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4498
Experience:  Almost 12 years of legal experience, primarily in criminal law
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What is police procedure after a police report is filed against

Resolved Question:

What is police procedure after a police report is filed against you by a citizen at the police station?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 6 years ago.

Usually, if the police think it may have some merit, they will investigate the report. If they find evidence to substantiate the claim, then they will file charges. When they file charges, the defendant will either be summonsed to court or an arrest warrant will be taken out against them (after which they will be arrested and brought to court). The case is then forwarded to the prosecutor's office for prosecution.

During the investigation phase, they may call the suspect or attempt to contact them to do an interview or question them. The person against whom the report was made should know that he does not have to speak to the police at all and has a Fifth Amendment right to remain silent. He can speak to them if he wants, but he should know that the police are trained to twist his words around and can make him look bad even if he did nothing wrong, so that is why most defendants exercise their right to remain silent.
Customer: replied 6 years ago.
My friend was accused of burglary for removing items from a home in the process of foreclosure, at the request of the lender, and stored them. The home appeared to be abandoned but the owner had left personal items there. When the police contacted the lender, he told them that my friend had acted on his behalf and on his request. The police told the lender that the personal items needed to be returned to the owner, the conversation ended, and there has been no contact since then. The lender's attorney has contacted the owner's attorney to try and make arrangements to return the items. Is it likely that the police will remain involved?
Expert:  Hammer O'Justice replied 6 years ago.
It is unlikely. To be charged with burglary he would have had to have intent to commit a crime, and given the lender's statements to the police, it is clear that he was doing it at their behest and not because he intended to steal. Once the items are returned it is highly likely that the case will be closed and the officers will not pursue it further.
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