Legal Question in Criminal Law in Ohio

Arrested and charged

Can police arrest and charge a person for first degree misdemeanor assault(2903.13) on a verbal accusation of assault only?. There were no witnesses. This is not a domestic issue. The incident occured in the workplace. One person, the accused, was called to the office by his supervisor and informed of the accusation that was made by a coworker. The coworker making the accusation was insisting the police be called so that he could file charges. Someone called the police( who called has never been determined).The police arrived and went to the office. They never investigated the area where the assault was suppose to have occured. They took no statements nor took any pictures. The accusor was sent to the hospital to be further examined and was told to come to the police station after being released from the hospital to file a formal complaint. The man being accused was arrested, booked,charged by the police with 2903.13 M1 and released with a summons to appear in court. Is this typical procedure? Is there probable cause to arrest just because someone says he was assaulted? is this a legal arrest? How exactly can a person be charged with a crime with no formal complaint from the person making the accusations?


Asked on 4/10/09, 8:07 pm

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: Arrested and charged

There is no specific burden of proof in the charging process. I have seen people charged with some very ridiculos "evidence". Actually, an accusation is a somewhat reasonable basis for charging. That does not mean the charge will hold up through discovery and trial.

The method of arrest described is typical and commonly used. In fact, it is the least intrusive method. They could have held your friend overnight and brought him before a judge to set bond the next day.

This kind of case is very winnable at trial. As you know, the burden at trial is beyond a reasonable doubt. If you are interested, I have been practicing criminal defense law in Summit and surrounding counties for 18 years. Please feel free to contact me and I could quote you a price.

Best Rregards, Edward DiCato

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Answered on 4/10/09, 9:58 pm


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