Skip to main content

Can we make sure assault charges are brought to this man

Irving, TX |

my 18yr old son and girlfriend were driving to her house and a guy started honking at them,(maybe everyone on the road, we are not sure), when they stopped at a red light, the guy got out of his truck and started yelling at my son, my son asked him "whats your problem?" the guy punched him in the eye, breaking his prescription eye glasses and putting a gash over his right eye. the guy then got in his vehicle and took off. my son got the description of the vehicle and the license plate number. the police said they probably couldnt do anything unless the guy admits to it?
Not sure how that is right, my son and his girlfriend can identify who did this,

the police officer did take a report , the officer stated it would be given to a detective, but told my son that they probably couldn't do anything unless the guy admits to it, his word against my sons, that anyone could have been driving the vehicle,my son did tell him he wanted to file charges, I took pictures of his broken glasses and his injury to his eye, i had to go to his location to bring him his extra pair of glasses so he could drive, i took the pictures then, my son plans on calling the detective today, we are just concerned that nothing may be done.

+ Read More

Attorney answers 3

Posted

I am also not sure why the police refused to take the report and forward it on to the local prosecutors office who really should be in charge of determining whether or not criminal charges would be filed. I might suggest you contact the local prosecutors office and tell them of the incident, giving them the name of the police department and police officer that you reported the incident to; and let them know that you do want to file criminal charges. You also have the option of filing a civil lawsuit against this person for battery.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

The Dallas County DA's office does not allow direct filing. The case will have to come through a police agency.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

I served for several years in a DA's office which had a similar policy. However, policies against direct filing are made by DA's. That means that the DA can vary from the policy if he or she wishes.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Dallas will not. They will not even speak to her.

Posted

That is absolutely not true. Assault cases are filed all the time based on a victim's word. The boy needs to go back to the police station and demand a report be taken. If the duty officer refuses, he needs to ask to speak to a sergeant. They can put together a photo line up of driver's license photos based on the registered owner of the car. Hopefully the boy can ID the assailant. I also hope he took pictures of his injuries.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Posted

Novel idea, arrest no one unless they admit to the crime--that would empty the jails pretty quickly. What you desribe is NOT correct--if your son was assaulted, he should demand the police take actioin.

Did your son tell you the police would not take the report? If so, its possible that for some other reason your son does not wish to press the matter. Chat with him before you attempt to push the matter with police.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

i pushed the matter with him, but since he just turned 18 , was on his way to study for the SAT's , never been in a fight, never been violent, straight a student, attends the Police Explorers program in our city for children 14 to 20 who have an interest in law enforcement as a career with his 3 best friends, and calls me when he leaves a friends, calls to let me know if he is stopping at a store on his way home from friends house, etc, just a good overall kid, he tells me he did nothing

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

All good, but none of it means the event that resulted in his injury happened as you have been told and the purported police response does not match the response one would expect from law enforcement when one of their Police Explorers was attacked.

Asker

Posted

different city were he was assaulted, not where he attends those classes, and the response the officer gave him is exactly why i am on here trying to get information