Can a cop let you off the hook for something, then decide later to summons/arrest you

[p0ink]

Can a cop let you off the hook for something, then decide later to summons/arrest you

say a police officer came by your place for something. you guys talked it all over, he decided everything was fine, and told you you were good to go and the problem was resolved and that it wouldnt go anywhere.

then a few hours later he comes back, and decides to summons/arrest you for the same thing he said was 'cool' several hours ago. and even hands you a ticket with the time and date of the summons for that first time he was there and said everything was 'cool'

he also wrote on the summons/citation the time and date that he was here the first time (when he let us off) as the time the citation was written...which was the day before.

 

[Griz1]

Talk to a lawyer. Not knowing the full letter of your laws, I can say there are a few issues here (that law is based on) that you need to run by your lawyer.

Right now, you could just do a consult with a lawyer and he'll let you know. No need to drop a shit-pile of money or anything yet.

 

[JuicePimp]

Talk to a lawyer. Not knowing the full letter of your laws, I can say there are a few issues here (that law is based on) that you need to run by your lawyer.

Right now, you could just do a consult with a lawyer and he'll let you know. No need to drop a shit-pile of money or anything yet.

I would guess that they can do this. As look as the Statute has not run on the offense, they can likely come after you any time they want to.

 

[Bonkme2]

Re: Can a cop let you off the hook for something, then decide later to summons/arrest

He lied to you and got you to admit everything he needed to come back and arrest you.

Perfectly legal.

 

[mike351]

Depends on the crime bro. Statute of limitations gives anyone the right to file a criminal charge on someone within a period of time from the time the offense actually occurred. You don't state what you were arrested for, but if you were issued a citation, I'm assuming it was for petty theft or minor in possession. Basically, if an officer witnessed the crime, he can arrest at any point after, within reason.
What were you arrested for?

 

[BaadOldBear]

Re: Can a cop let you off the hook for something, then decide later to summons/arrest

In a word...YES.
This is fully in the discretion of the arresting officer.
Follow the basic credo next time. Ask to consult an attorney, say nothing else, ignore all other conversation leads.

 

[ROID WARRIOR]

Can a cop let you off the hook for something, then decide later to summons/arrest you


he also wrote on the summons/citation the time and date that he was here the first time (when he let us off) as the time the citation was written...which was the day before.

From my experience, I don't see any reason why the summons can't be issued. In NYC an officer can exercise discretion by merely warning and admonishing and may later issue a C-summons if you do it again, as in the instance of sound reproduction device. The summons bears the officers signature and is his/her sworn statement as to the violation and/or misdemeanor within the geographical area of emplyment.

However, the officer may NOT issue the summons later and complete the time and date of issuance as a time earlier. This is a falsehood in a sworn statement and that officer has committed misdemeanor perjury. For example, in New York City, officers were signing A-summonses (parkers) in advance to save a few seconds in the writing so that they could issue and be on their way to avoid any potential confrontation with the offender. This was dtermined to be unlawful because the officer must be signing to swear to the facts and circumstances at the time of the issuance.

Challenge this summons and take whatever steps necessary with this particular police agency to report this officer's misconduct. In each precinct the NYPD has an Integrity Control Officer whose responsibility is to monitor the officers for such misconduct. Internal Affairs is responsible for serious misconduct or alleged crimes by members of the service. One may notify IAB at 1-800-Pride-PD.

RW

 

[xsnrg]

Whos says that a cop has to tell the truth?My motto is,they arent coming for my benifet.Remeber,when dealing with Law Enforcement,a persons mouthe is their worst enemy.If they want to talk then they are on a fishing trip and your big mouth is the bait.