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If someone is charged with simple assault but no arrest is made what happens?

Eatontown, NJ |

The police were called due to a domestic between 2 people. The police filled out a victim notification form and stated that the charge was simple assault, and the police asked if one of them wanted to press charges and the answer was no. Since there was no arrest will there be further done by the PD? Will anyone be notified of court? The offender was asked to leave for the evening.

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Attorney answers 3

Posted

The person who would be expected to be charged with simple assault, was there a charge sheet given to the person? Was the person given nothing? You can call the Eatontown Municipal Court to see if there is in fact a charge or not. Ordinarily, the person would have been handed a summons or a charge sheet at the time of the incident. You do not need to be arrested to be charged.

Posted

Really depends too much on all the facts and on the police, but they probably would act pretty quickly to file charges if they intend to do so. The charges would be the State's to drop or prosecute, not yours (e.g., State v. Smith, not Smith v. Smith). The victim can also apply for a restraining order regardless of whether the police pressed charges.

The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

Asker

Posted

Hey guys thanks for the responses, I do not believe he was handed a summons and I didnt pursue to file charges personally. I mainly called the police because this was the second time that he came after me, and all though I am twice his size I didnt want to fight back because if I hurt him I would have seen as the aggressor. They did hand me a paper called the victim notification form and stated that the charge was simple assault I dont need a restraining order against him so I declined that as well. I mean I dont want to see the guy arrested but he has spent his whole life having people protect him from the consequences and I needed the cops there to show him that if he ever lays a hand on me again I will infact pursue charges. Being that he has many years on me and I believe due to his age they didnt charge him themselves. I just didnt want to fight with him and stoop to his level, so thats why I was asking. The only thing they did that night was hand me the victims form, and make him leave the house for the night. The fight was between me (step son) and my step father, Anyway, I appreciate the answers

Posted

More information is needed. But based on the information yo provide I doubt charges will be filed. If no one wanted to press charges and the PD did not arrest anyone that night it is likely over unless someone press the PD to file. They can file for 1 year on simple assault based on the information they obtained but if no one wanted to proceed they may just drop it. check with the Court to see if charges were filed or call the police they likely left their card.

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