Legal Question in Criminal Law in Pennsylvania

Can the police threaten to charge both parties in an assault (to ge them to both

Was assaulted on Oct. 2. Other guy probably says I started it but there

were two impartial witnesses there. Police came to scene, I went to

emergency room, other guy to police station to file statement.

Next day (3rd) I went to Police to file statement. No detectives

available... told I�d be contacted. Next day called the Police, left a voice-

mail.

No contact, so called Police Oct. 8. Detective said they were trying to set

up a ''meeting'' for 13th to see if this can be resolved. Detective said that

'normal' procedure in cases in which ''both parties could have just walked

away'' is to charge both with assault unless we agree to forget whole

thing. I could not have �walked away� but having never taken my

statement, Detective only has account of other party. 9th a Detective

called & asked if I could make meeting on 13th. I felt I need a lawyer and

one day's notice would be tough to get one... I�m to all him back about

Monday.

Is this is truly 'normal' (or even *legal*) to threaten to charge both

parties, without taking a statement or even talking with the victim, & can

they can hold a ''meeting'' in which victim isn't informed �til 1 day before?

(And *I* had to call THEM).


Asked on 10/09/03, 11:40 pm

1 Answer from Attorneys
David L. Bargeron Unemployment Help Center

Re: Police threaten charges - look out

You should not meet the police until you have legal counsel. Remember, the job of the police is to arrest and prosecute individuals – not to fairly judge a case. Based on what you provided, it seems that you will be charged with a crime. By meeting with the police, you are essentially providing a confession that will be used against you. It is better to save your side of the story for the judge or jury.

Please feel free to contact me if you need additional information.

David L. Bargeron, Esquire

610-972-6610

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Answered on 10/12/03, 6:08 pm


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