Raleigh Assault Defense Attorney
If you call the police, you should expect that someone will be arrested. Police officers are not social workers, counselors or cab drivers. An officer's primary job is to arrest suspects.If you call the police for help with a domestic dispute, the officer will look for two pieces of evidence to suggest that one person assaulted another. An assault is where one person touches another in a violent way without consent. If the alleged victim reports being struck and has a corresponding bruise or cut, then the officer will arrest the suspect. Or if the alleged victim and suspect both confirm they had a ‚ fight‚, then the officer will arrest the suspect even without physical evidence of an assault. An officer will arrest a suspect over the objection of the alleged victim. Saying, ‚ I don't want you to arrest my husband or wife‚ will not keep the officer from making an arrest.If you call the police to put someone out of your house, there is a good chance the police will arrest that person if he does not leave quickly enough. Or if the officer observes contraband when you invite him into your home, then the officer will arrest you if you become a suspect. Contraband includes illegal drugs, drug paraphernalia, and unsecured guns in the presence of childrenPolice officers' primary job is to arrest suspects. A suspect is someone the officer believes probably committed a crime. An officer does not need proof beyond a reasonable doubt that the suspect actually committed a crime. Instead, the officer only needs Probable Cause to believe that a suspect probably committed a crime. The police do not consider who called the police when deciding whom to arrest. Officers will arrest the person who called 911 if the caller becomes a suspect.If you don't want someone to be arrested, then don't call the police.
5 Rules to Follow When an Officer Approaches You.
1. Say, ‚ CAN I LEAVE?‚ If the officer says yes, then GO.2. DO NOT talk to the officer.You may give him your name, address, telephone number and date of birth only.3. Say ‚ I WANT TO SPEAK TO A LAWYER‚ to stop the officer from questioning you.4. DO NOT consent when the officer asks you for permission to search your property.5. Hire an Attorney who SPECIALIZES in criminal defense. Your Raleigh domestic violence attorney!
Please contact Raleigh NC Attorney Andrew McCoppin with any questions:
877-481-0011
andrew@mccoppinlaw.com
www.mccoppinlaw.com
Over 20 years experience defending people in North Carolina's State and Federal Courts.
Board Certified Specialist in North Carolina Criminal Law
Board Certified Specialist in Federal Criminal Law
Former Wake County Assistant District Attorney
Get help from your Raleigh criminal defense attorney today!
FAQs
The police do not consider who called the police when deciding whom to arrest. Officers will arrest the person who called 911 if the caller becomes a suspect. If you don't want someone to be arrested, then don't call the police.
What happens when you call the police on someone? ›
Police are required to make an arrest if they have probable cause even if the call was originally intended to have some other purpose, like a welfare check, medical assistance, or a mental health crisis. Once a person has been arrested, it is the State that pursues criminal charges.
What happens if you talk back to the police? ›
While it isn't necessarily the best idea to mouth off to a police officer, doing so is not in and of itself a crime and should not result in you being arrested or charged.
Will police ever contact you by phone? ›
Government agencies, whether they are federal, state or local, will never make such calls, wouldn't make threats and wouldn't ask for such payments.
Can you ask someone if they are police? ›
As you can probably surmise by now, law enforcement officers have no legal duty to tell the truth when asked if they are, in fact, the law. Unfortunately, however, most people erroneously believe that police officers must tell you who they are if asked and thus find themselves in a situation much like Badger's.
When not to call the police? ›
As long as no one is in danger or there's no crime taking place, it might be best to hold off on contacting the police.
Can police tell you who reported you? ›
In general in the US you have no legal right to know. As I said above this can vary by state. If you are later charged with a crime and prosecuted you have a right to confront all witnesses against you. If the person who made the initial report is a witness for the prosecution then you'll know.
Can you just walk away from cop if they try talking to you? ›
If you walk away or run away from a police officer who is engaging with you verbally, you could be charged with resisting an officer or a similar offense. In many cases, though, you have the right to walk away. You are only obligated to stay if you are under arrest or being detained.
When should you not talk to the police? ›
When a police officer or someone from law enforcement wants to talk to you, most of the time they are conducting a criminal investigation and want to make an arrest. It is in your best interest not to cooperate and talk to the police, unless you are the victim of a crime.
Can police watch you through your phone? ›
Cell phone tracking is subject to legal restrictions and requirements. Law enforcement generally needs a warrant based on probable cause to track a person's cell phone location.
You're welcome. Police officers won't initiate contact with someone over text messages.
Can police officers track your phone number? ›
The law requires—in most situations—that the police get a warrant in order to gather historical cellphone location information kept by cellphone and wireless network providers.
Can a cop say they are not a cop? ›
Examples Show Cops do Not Have to Identify Themselves in California. Both examples make one thing clear: cops can lie about being cops. It does not matter if they are in uniform or plain clothes. They do not have to identify themselves, even if you ask them to do so.
Does an informant have to tell you? ›
If police reveal the identity of an informant, they may not get any more information from that person, and others may be afraid to serve as informants. Given the importance of CIs, courts have granted them privilege, which means that they don't have to be disclosed in the same way as other witnesses.
Do cops need to tell you they're cops? ›
Neither California nor federal law explicitly mandates that officers must identify themselves. However, several factors are involved in the issue and should be considered.
What does it mean to call the police on someone? ›
phrase. Use telephone to ensure arrival of a police officer—a member of the organisation granted the legal authority to enforce the law.
Can you walk away if someone calls the police on you? ›
You can say, “I do not want to talk to you” and walk away calmly. Or, if you do not feel comfortable doing that, you can ask if you are free to go. If the answer is yes, you can consider just walking away.
Is calling the police on someone harassment? ›
Yes calling the police 5-6 times on someone a day/week is harassment to you, or you can tell the judge about the issue as well.
