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Video clears Texas man of assaulting cop—did police commit perjury?

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posted on Mar, 28 2016 @ 02:27 PM
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originally posted by: F4guy
In 30 years of practicing law, I have never seen the feds take a false report case


That says a lot........




posted on Mar, 28 2016 @ 03:35 PM
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a reply to: F4guy

In 30 years of practicing law, I have never seen the feds take a false report case

Ah, now I know who the ATS goto guy is for legal opinions. Unofficially of course.



Official misconduct under Chapter 39 would be the appropriate charge, together with a Chapter 22 assault charge.
What's the probability of the officers being charged under those statutes? I assume it's somewhere between slim and none.

If they are not charged, what can the citizenry do to see that these public servants are held responsible for this criminal behavior? By that I mean other than civil action.

Thanks Counselor!

-dex



posted on Mar, 28 2016 @ 07:07 PM
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originally posted by: DexterRiley
a reply to: F4guy

In 30 years of practicing law, I have never seen the feds take a false report case

Ah, now I know who the ATS goto guy is for legal opinions. Unofficially of course.



If they are not charged, what can the citizenry do to see that these public servants are held responsible for this criminal behavior? By that I mean other than civil action.

Thanks Counselor!

I

-dex

I depends on state law. In Texas, as in most states, any individual can file a criminal complaint. the prosecutor then decides whether to proceed by information (misdemeanors) or indictment (felonies.) So you're still relying on the local prosecutor. But, of course, you can always file a criminal complaint for misfeasance against a prosecutor who refuses to follow through on a valid complaint.And as far as being anyone's counselor, I'm happily retired.



posted on Mar, 29 2016 @ 12:33 AM
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a reply to: F4guy

Thanks for the reply.



I depends on state law. In Texas, as in most states, any individual can file a criminal complaint. the prosecutor then decides whether to proceed by information (misdemeanors) or indictment (felonies.) So you're still relying on the local prosecutor. But, of course, you can always file a criminal complaint for misfeasance against a prosecutor who refuses to follow through on a valid complaint.
So, if I understand correctly, this gentleman could file a criminal complaint against the police officers. And then, with sufficient legal support, follow up on the complaint with enough force to insure some level of review.

Now a question; if the victim has filed a criminal complaint, does that postpone the filing of the civil action until the criminal complaint has been settled?



And as far as being anyone's counselor, I'm happily retired.
And I'm sure it is a well-earned retirement. I appreciate having someone with your level of knowledge about US law participating in our online community. It's enlightening to get an actual "legal" opinion from a retired attorney. Understanding the reality of how the law views these situations should help steer our debates in a more productive direction.



-dex



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