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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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on this case the victim never called 911. she never opened

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on this case the victim never called 911. she never opened the door to let the cops in. she states she was never hurt . and in the patrol unit she made a statement to the cop that said why are you taking him to jail. the cop told her that i interfereared with his investigation. i did plead the 5th. but in his report he calls the victim the complaintant. how is she a complaintant?. her 17 yr old called the cops and let them in
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A criminal act is a crime against the state. The victim does not need to file charges. The use of terminology on the police report may be imprecise in calling the victim the complainant.

Officers normally need a warrant to enter property. The fact that her daughter let them in voluntarily would remove the need to get a warrant. Secondly if the police are aware a criminal act is progress they may enter without a warrant.

As a practical matter the prosecutor will probably drop the case if the victim and the daughter (whom I assume observed the incident) are unwilling to testify. The prosecutor is bound to investigate and prosecute instances of domestic violence even if the victim decides not to press charges. This is because many battered spouses are too afraid, or too dependent to protect themselves from an abusive spouse.

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Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).



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