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In 30 years of practicing law, I have never seen the feds take a false report case
What's the probability of the officers being charged under those statutes? I assume it's somewhere between slim and none.
Official misconduct under Chapter 39 would be the appropriate charge, together with a Chapter 22 assault charge.
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.
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
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.
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 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.
And as far as being anyone's counselor, I'm happily retired.