victim reported suspect breaking and entering. officer wrote suspect a ticket for disorderly conduct. can officer legally do this?
Asked on 6/07/10, 2:10 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
The complaining witness cannot dictate whether the police officer cites the suspect or for what. At the same time, the prosecutor is not required to accept the officer's decision about the appropriate charge. The suspect can still be charged with breaking and entering even though that is not what was written on his ticket.
Answered on 6/07/10, 5:30 pm
