Legal Question in Criminal Law in Pennsylvania

Can cops refuse to press charges

My girlfriend had a run in with her ex and she wants charges filed. Can the cops refuse to file charges against him?


Asked on 12/16/07, 2:32 am

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Can cops refuse to press charges

Generally, the way you initiate charges is to go to the Office of the Magisterial District Judge where the "run in" took place on the day of the week when an Assistant District Attorney is scheduled to be there and ask them to approve the private criminal complaint. If they do not approve it, you then Petition the Court of Common Pleas to approve it.

If she is determined to file the charges and they are not approved at the initial level, then she should hire an attorney to prepare and present the Petition.

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Answered on 12/17/07, 9:22 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Can cops refuse to press charges

They might. You might need to have an attorney prepare a private criminal complaint. We handle these matters. Feel free to call our offices or e-mail me directly.

-Danny Cevallos

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Answered on 12/16/07, 12:40 pm


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