(08-27-2020, 04:39 PM)fredtoast Wrote: He called the police and filed a complaint.  That is why Mac was arrested.

He can still drop the complaint, though, right?  

(08-27-2020, 04:48 PM)McC Wrote: He can still drop the complaint, though, right?  

Once the police are involved they can prosecute even if the victim does not want to.  This happens a lot on domestic cases where the victim calls the police to save her from a dangerous situation, but then does not want to prosecute. 

The theory is that the job of the police and the DA are to protect all citizens from criminals even if one specific victim does not want to prosecute.  

(08-27-2020, 05:04 PM)fredtoast Wrote: Once the police are involved they can prosecute even if the victim does not want to.  This happens a lot on domestic cases where the victim calls the police to save her from a dangerous situation, but then does not want to prosecute. 

The theory is that the job of the police and the DA are to protect all citizens from criminals even if one specific victim does not want to prosecute.  

However, it is difficult to go forward without the victim testifying,  otherwise, there would be a bunch more domestic violence prosecutions

(08-27-2020, 05:12 PM)pally Wrote: However, it is difficult to go forward without the victim testifying,  otherwise, there would be a bunch more domestic violence prosecutions

I'm sure the victim testified when he made the report. Of course he could recant and say he lied during his report but I don't know why he would other than Mac lining those pockets. 

(08-27-2020, 05:12 PM)pally Wrote: However, it is difficult to go forward without the victim testifying,  otherwise, there would be a bunch more domestic violence prosecutions

There ARE a lot of domestic assault prosecutions.  In fact many districts have a DA just for domestics assaults.

Around here it usually has to be a first offense with no injury, no weapon, no property damage, and no allegation of chocking for the State not to prosecute.

I don't see any of the cases where the police are called out but no one is arrested.  But the DA usually asks the officer if there has been any past history of abuse allegations that were not charged.

(08-27-2020, 01:19 PM)Wes Mantooth Wrote: I'd love to hear an update about what actually happened.  Did he simply get lost in the woods?  Was he injured?

You wonder about mental illness. The first thing I thought of was, maybe Mac's dad is schizophrenic or something. Not that I have any idea, but it's a possibility. 

(08-27-2020, 05:04 PM)fredtoast Wrote: Once the police are involved they can prosecute even if the victim does not want to.  This happens a lot on domestic cases where the victim calls the police to save her from a dangerous situation, but then does not want to prosecute. 

The theory is that the job of the police and the DA are to protect all citizens from criminals even if one specific victim does not want to prosecute.  

And, then one steps into the real world and finds it to be entirely different.

 

(08-27-2020, 10:56 PM)BengalChris Wrote: And, then one steps into the real world and finds it to be entirely different.

 

 Nice.

(08-27-2020, 05:26 PM)fredtoast Wrote: There ARE a lot of domestic assault prosecutions.  In fact many districts have a DA just for domestics assaults.

Around here it usually has to be a first offense with no injury, no weapon, no property damage, and no allegation of chocking for the State not to prosecute.

I don't see any of the cases where the police are called out but no one is arrested.  But the DA usually asks the officer if there has been any past history of abuse allegations that were not charged.

I know you're a lawyer, but I'm guessing you do not practice criminal law..... There is a complete different set of rules for Domestic Assaults than there is for regular assaults.

(08-27-2020, 08:54 PM)Geno_Can_Dunk Wrote: You wonder about mental illness. The first thing I thought of was, maybe Mac's dad is schizophrenic or something. Not that I have any idea, but it's a possibility. 

I wondered if he might have dementia.

(08-28-2020, 08:33 AM)Sled21 Wrote: I know you're a lawyer, but I'm guessing you do not practice criminal law..... There is a complete different set of rules for Domestic Assaults than there is for regular assaults.

80% to 90% of my practice is criminal defense.

The rules are the same as far as evidence.  Only differences are on bond conditions and the consequences of a conviction for domestic assault.

(08-28-2020, 11:03 AM)fredtoast Wrote: 80% to 90% of my practice is criminal defense.

The rules are the same as far as evidence.  Only differences are on bond conditions and the consequences of a conviction for domestic assault.

And the fact that officers are REQUIRED by law to arrest in domestic assaults, whether the victim wants to prosecute or not. Not so with run of the mill assaults from fights. If a regular assault victim wants to drop charges or refuse to press charges, they can. In the domestic cases, that is not the case.

(08-28-2020, 11:18 AM)Sled21 Wrote: And the fact that officers are REQUIRED by law to arrest in domestic assaults, whether the victim wants to prosecute or not. Not so with run of the mill assaults from fights. If a regular assault victim wants to drop charges or refuse to press charges, they can. In the domestic cases, that is not the case.

In domestics officers are only required to arrest if they see some evidence of an assault.  They are not required to arrest based on nothing other than a claim with no visible evidence.

And the victim of an assault can not end a case just because they don't want to.  I have had cases where the DAs have felt that the victim is not cooperating out of fear or due to intimidation..  In those cases the state can still prosecute if they want to.  It is rare but it does happen.  

(08-28-2020, 11:28 AM)fredtoast Wrote: In domestics officers are only required to arrest if they see some evidence of an assault.  They are not required to arrest based on nothing other than a claim with no visible evidence.

Well no kidding, you have to have some type of physical injury for ANY assault to occur. But if there's a mark in a domestic, someone's going to jail. On the flip side, a guy can get his butt whipped outside a bar, tell the cops he doesn't want to press charges, and there are no charges.

And the victim of an assault can not end a case just because they don't want to.  I have had cases where the DAs have felt that the victim is not cooperating out of fear or due to intimidation..  In those cases the state can still prosecute if they want to.  It is rare but it does happen.  

Rare is right.