Arrests

[EasternPromises]

Have you ever made an arrest that you were pretty sure would be dismissed or not pursued by the prosecuting attorney?

If so, what were the circumstances?

(I ask because I could see some legitimate circumstances and some not-so legitimate)

Thanks

[phantasm]

Have you ever made an arrest that you were pretty sure would be dismissed or not pursued by the prosecuting attorney?

If so, what were the circumstances?

(I ask because I could see some legitimate circumstances and some not-so legitimate)

Thanks

I've added charges that I knew would be reduced, because I charge the crimes committed and let the DA drop them to a lower category.

[retdetsgt]

I might have got a little heavy handed with the charges, but no, I never arrested anyone that I didn't think would be charged just to put them in jail. That's for countries other than ours, IMO.

[Roger Dat]

My county ALWAYS reduces the charge in plea bargains. If there was a printout of how many people in this county were eventually convicted of discon it would be disturbing. As a an officer its my responsiblity to charge the highest offense for which the criteria is met. What happens next is up to the DA.

[Johninaustin]

Don't really care what some attorney does, If I arrest, they deserved it.

Now, I HAVE done emergency mental commitments simply to get folks off the street before they freeze to death. :(

[Citicop]

I have never arrested without probable cause. A lot of times in my county, whether or not charges get issued depends on which PA you get when you go to the warrant office.

Our warrant office often chooses not to merely look at whether there is probable cause in making their decision. They want to be confident in a conviction before issuing the warrant. PC is not enough for them. (This is a quote from one of our APA's).

We had an APA refuse a stealing case (quick change artists) where we chased the suspects from the scene, caught them with the money, and had them reaching into the register on video. The reason? Because "there is no way to know how much money was in the drawer when they reached in... I mean, what if the clerk had ALSO stolen some earlier? There is no way to know how MUCH they took, so we can't take the case."

I do my job. Just because they may not do theirs will not effect me.

Citicop.

[mcsap]

I've added charges that I knew would be reduced, because I charge the crimes committed and let the DA drop them to a lower category.

A prefect example is Theft and Receiving Stolen Property. SAME exact grade of offense. Almost always do they drop the RSP for a theft plea so I always charge RSP.

I do not and have not charged an offense KNOWING that it was not a good charge.

ONE time , I had a guy operating amotorcycle with everything expired and he had a stolen inspection sticker. Everything was a traffic cite but the stolen sticker was a Misd of the 2nd degree. I contacted the DA for advice and they said because the value of the sticker was only $2 , to just stick with the tickets.

Anyone who knows anything about the DA's office knows that that the left hand does NOT know what the right is doing. I was kind of pissed at this guy with all of his attitude so I charged him with the Misd 2nd RSP anyway and it went through.

[S43riff]

We arrest for probable cause. The State Attorney presses charges based on probability of conviction. (which is a step higher) Do the math.

[retdetsgt]

Don't really care what some attorney does, If I arrest, they deserved it.

Now, I HAVE done emergency mental commitments simply to get folks off the street before they freeze to death. :(

We have a civil hold for drunks. I could generally find a shelter for someone otherwise. Getting someone committed on a mental is virtually impossible here.

Do people actually freeze to death in Austin???

[kels]

When we arrest someone we are doing what we are paid for.

There are several reasons that the county attorney may decide
not to pursue the charges. That is what he gets paid for.

We are not judge and jury.

[Creeker]

...Do people actually freeze to death in Austin???

I can't speak for Austin, but we have them here in Sunny SC.

One winter I worked 2 of them on the same day, both elderly, one an Alzheimer's patient during the day in an open field, the other in a 2 room ramshackle shack (built around 1890) at night with no wood for his woodstove.

[DeltaV]

I make them all the time on domestics.

I'm not saying that I don't have probable cause, but most of the time the victim of a domestic will not cooperate with the prosecution and does not want anything to happen to the offender. Sometimes it's that way from the moment we walk in the door and sometimes they change their mind after they make up with each other.

We still have to make the arrest, as we have very little discretion in domestic violence cases. While the official line is that the state is the victim of a domestic and they will proceed without the cooperation of the true victim, they almost never do. Unfortunately the anti domestic violence lobby cares more about focusing their efforts on requiring the police to make arrests rather than requiring the prosecution of domestic violence cases.

[mobrien316]

For a first-time DUI arrest, it's pretty standard that the person arrested will get the opportunity to attend classes and, if they don't get another DUI in 12 months, the charges will be dismissed. I arrest them anyway.

Like DeltaV wrote, there are lots of times when I pinch someone on a domestic violence call, knowing that, even though there's plenty of probable cause, the spouse is not going to cooperate, the suspect is going to lie, and the charges will be dropped. I arrest them anyway.

In this area, a charge of interfering with an officer is almost almost dropped for some reason. But, if that's all the suspect did, I arrest them for it anyway.

I feel it is my job to arrest people when there is probable cause to believe they have committed a crime. The State's Attorney looks at a variety of factors in deciding whether to prosecute or not, and that's their job.

As long as cases don't get dismissed because I screwed something up, I don't really think about it.

[Johninaustin]

We have a civil hold for drunks. I could generally find a shelter for someone otherwise. Getting someone committed on a mental is virtually impossible here.

Do people actually freeze to death in Austin???

Yes, though it would be more accurate to say exposure. One day before yesterday. (Overnight temp of 34 degrees.)

Shelters here are a joke, won't accept EDP's. I can do a commitment to Austin State Hospital in about an hour. It's usually one of their patients anyway. (They let them out on "day passes" to open up space, hoping they don't come back)

We are a "sanctuary city" and are pretty much invaded by transients from up north every year.

[Creeker]

...We are a "sanctuary city" and are pretty much invaded by transients from up north every year.

LOL @ "up north".... :D

You have wetback Canadians? :D:D