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
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.
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.