AboutRobin Sexton Expertise Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.
Experience Member of the Michigan State Police for over 30 years. over 20 years as a Detective. Conducted numerus investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment.Majority of career has been spent in rural areas of Michigan
Education/Credentials Bachelor of Science degree. Long list of professinoal training schools
Expert: Robin Sexton Date: 7/3/2008 Subject: direction on law
Question QUESTION: Robin,
I have a few questions about dealing with the law. Since I do not have much knowledge in it, I am hoping you can give me direction on what my rights are. I will try to be as basic as I can without details.
I was battered (a deliberate hard strike) by a person I did not know, in a public library. Long story short, my questions are related to basic law, therefore, I will not go into too much detail.
At the crime scene, my request for citizens arrest was denied, and I was promised that I would be contacted with a future court date. After several months went by, I was not contacted. I finally reached someone, who asked my race before she spoke with me, and was informed that this case was sent to the city attorney and dismissed. I was told this was a "petty misdemeanor" and basically that it wasn't worth their time. Although, I had "before and after" pictures taken of the black and blue knuckle marks on my arm. One set taken by the PD at the scene, and one by a friend later the next day, after the bruise manifested.
Here are my questions:
1.) Is there a time frame that I have in questioning the city attorney as to why this was dropped? Legally, do I have the right to discuss with them why it was dropped?
Is there a different route you would take rather than trying to contact the city attorney, if I feel that justice was not done? Does the district attorney not deal with this? Any other ideas in route to take.
2.) I have been told just because it was not an eye or something worse, it was "nothing", and I should just "let it go". How can this be "OK" to do this to someone you do not know?? I never have.
3.) This happened in Long Beach, CA. The police department is denying me any rights to speak with the Chief of Police, or the watch commander regarding this. Do I have this right, to speak with them? If so, is it a good idea to try to do this, and how would I go about it?
thank you.
Leah
ANSWER: Leah,
I do understand how confusing an difficult this can be. Unfortunately the real issue here is fairness and the system all though it tries is not nor can it be always fair. Also justice is not always done.
Most states do not have citizen arrest laws which allows a private citizen to arrest another individual through an officer just on their say. The reason being is all the issues the culminate from false arrest or failure to follow through etc.
The procedure the officer followed was probably correct. A report was made and forwarded to the prosecutor with jurisdiction, in this case the city attorney who probably has jurisdiction on misdemeanors or city ordinance violations. This is where the system gets in trouble and police take a lot of the blame. A police dept has to respond to pretty much all calls for assistance and prepare reports, their reports are subject to review etc. However when the paperwork hits the prosecutors office they have pretty much carte blanche as to what they do,don't do or explain. The heat then comes back on the cops for not doing anything.
1) Since it is a misdemeanor you probably have a year before the statute of limitations kicks in. You can call the city attorneys office and try and book an appointment and discuss your case with them. It is not necessarily a right as much as a courtesy on their part. In your jurisdiction the city attorney probably has the jurisdiction and quite truthfully the County attorney probably is to busy to deal with it.
2) It was an assault, does not matter what was hit or injured. If it was serious injury it may move it up to a different type of assault like aggravated.
3) I am surprised that the police department is allowing you to speak with a supervisor, that is what they are there for. Call or write and try to make an appointment. Make sure you include in your letter that you have tried to talk to them before and have been blocked. They don't like that. However be aware there is nothing they can really do. The ball is in the prosecutors court.
Leah, what this all boils down to is that there is X amount of resources, court time, attorneys and other crimes that in the big picture may be considered more serious. It is not you or your case. It is economics.
Good Luck
Robin
---------- FOLLOW-UP ----------
QUESTION:
Robin,
Thank you for your honest expertise, although I am not "ok" with it, as I am sure alot of people are not.
Follow up questions, if I may...
1.) On the Long Beach city web site, they indicated that misdemeanors are sent to the City Prosecutors office, and felonies to the DA's office. Although, they did a real good job on weeding me out. It did not ever reach the prosecutors office, but the city attorneys office. This webite is update to date. How can they be practicing other than what they are advertising?
2.) While I am making these calls, since I have been traumatized, I am going to tape them so I can review them later. Is it illegal to tape conversations with these offices, if you let them know?
thank you again for your time, and knowledge.
Leah
Answer Leah,
No one is OK with it. Both the police and the prosecuting authority wish they had the time and the resources to prosecute everyone. However no where is this possible. Your assault was a misdemeanor so the city attorney / prosecutor as i suspected has jurisdiction. This is true in most municipalities. Felonies are sent to the DA or County Prosecutor.
California to my knowledge is a two party state. Which means both parties must consent to a recording. Telling them that you are going to record or wish to will obviously chill the conversation. I suggest you will get a lot more assistance if you try sugar instead of vinegar. Leah this is not personal with them. It is unfortunatly business. If you try to meet with them on a friendly level they honestly will try to help and you will go a lot farther dealing with them. Just try to imagine if the roles were reversed, how would you react ?
