Legal Question in Criminal Law in Missouri

my husband and uncle have been having problems with these 2 guys well 2 nights ago the 2 guys beat them with a large log my uncle got 23 staples in his head and my husband got knockes out and has a fracture on his eye and the cops say that they can not press charges against them i dont know way.

Asked on 8/16/09, 9:54 pm

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri injury attorney that handles claims in most parts of the state. There are two seperate legal systems, the criminal system and the civil system, and both come into play with this type of incident, based on the facts you have provided. Keep in mind that, although the criminal system can impose sanctions, such as jail time or fines, you will not be able to obtain compensation for any of the medical bills, pain and suffering, and emotional distress through the criminal system. A civil claim will need to be pursued to recover reimbursement for expenses, pain and suffering, and any permanent disability. As far as the criminal charges, they can only be pursued, generally speaking, if "probable cause" is established. Additionally, the police must have probable cause to make an arrest. I am not certain from your facts if there was an arrest or not. However, often the police will not make an arrest because there is not probable cause. This can happen, for instance, if the police did not actually witness the attack. Generally, and there are exceptions, if there is not probable cause to arrest, there may not be probable cause for a prosecutor to pursue charges against the attackers.

You may, however, have a good civil claim to recover medical costs and more. A few additional details would be needed to assess the strength of your claim and the type of recovery you could be entitled to. Were there any witnesses to the attack? Also, did your husband and your uncle do anything at all to provoke this particular attack, or were the 2 guys the initial aggressors? I would be willing to evaluate this for you with a few additional details, such as those mentioned above. My e-mail is [email protected] Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client privilege or relationship between the user and the attorney responding.

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Answered on 8/17/09, 3:02 am

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