Assault & Battery Exactly who can press charges?

[birdman]

My sister was arrested yesterday morning for "assault with a deadly weapon" when her exhusband claimed she tried to run him over.

She was not given an opportunity to explain herself and her actions at the scene, and she was not read her Miranda rights until after she was taken to central booking.

Also (and to the point of my subject), I overheard that the arresting police officer was the one who actually pressed charges against my sister. Is this possible? Legal? Can a disinterested third party actually press charges?

If so, why do I always here about people in abusive relationships refusing to press charges, so nothing ever happens to the abusers?

Sufficiently stressed,
-ian

 

[birdman]

I kinda answered my own question a bit. Regarding the information contained on this page on All.com :: If an officer has reasonable cause to suspect you commited a felony, he must not need witness the event. In the case of a misdemeanor, an arresting officer must have witnessed the crime.

So, I guess in the case of a felony, there's really no need to "press charges." And in the case of the battered spouse, that would make assault (excluding with a deadly weapon) a misdemeanor.

Anyone care to comment/correct any of this?

 

[Michael Wechsler]

Ian -- there are a number of issues in your case. To begin, Miranda does not mean that everything is thrown out if you aren't 'read your rights.' It means that what you might do to incriminate yourself after the arrest might be thrown out.

If you commit a felony there shouldn't be a need to 'press charges.' It is a crime against the state -- for example, there would be no 'pressing charges' by a person who is murdered or seriously wonded so as to incapaciate for all of the obvious reasons.