QUESTION
Does someone get arrested if a police report is filed?
Asked on Mar 16th, 2012 on Criminal Law - California
More details to this question:
If a police report is filed does the person get arrested or investigated?
10 ANSWERS
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Answered on Mar 22nd, 2012 at 10:16 AM
Not necessarily, many reports are filed and no action taken by police or prosecutor. That being said, police can arrest a person based on a report they receive!
Answered on Mar 19th, 2012 at 1:07 PM
Not all police reports result in an arrest. A report is evaluated by the police before they pass it on to the prosecutor. After review by the police it can be held by the police to see if this is a reoccurring problem or it can be sent to the prosecutor's office. They then decide to file it with the court or to reject the case.
Answered on Mar 17th, 2012 at 7:09 PM
If the police believe a crime has been committed they will investigate and if they are able to prove who committed the crime, they will arrest that person and charge them accordingly.
Answered on Mar 17th, 2012 at 7:05 PM
Not always. The district attorney must review the report and decide whether or not to file.
Answered on Mar 16th, 2012 at 9:06 PM
Yes, if the police and DA decide to pursue and file criminal charges. .
Answered on Mar 16th, 2012 at 8:42 PM
Usually the arrest happens first, then a report is written. But every once in a while the reverse can happen. It is up to the prosecutor who reviews the report as far as what charge(s), if any, to file. Remember that you have the right to remain silent, so don't incriminate yourself by speaking to anyone (especially investigators) other than your lawyer.
Answered on Mar 16th, 2012 at 6:01 PM
You can only be arrested if an arrest warrant has been issued or if the police have probable cause to belive you have committed a crime. The mere filing of a police report may or may not constitue probable cause. If you think you may be arrested, contact a criminal defense attorney immediately.
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Answered on Mar 16th, 2012 at 5:44 PM
Not necessarily. Some reports don't justify any further investigation or any type of criminal filing. However, police reports generated when there is an arrest, almost always get further attention. Reviewing police officers if not the D.A. will take a look at arrest reports for evidence of the commission of a crime, proper police procedure, and as to the proper filing of charges.
Answered on Mar 16th, 2012 at 5:39 PM
No, a person is only arrested if the police have probable cause to believe a person committed a crime. People file police reports all the time without them ever leading to an actual arrest.
Answered on Mar 16th, 2012 at 3:42 PM
It depends. Usually, a police report is filed by a line officer and kicked upstairs to a supervisor to review and later for a prosecutor to make a decision whether to file charges
