Downey, CA asked in Criminal Law for Idaho

Q: What does a officer mean by not enough substantial evidence but still has to write a report? Could it be dismissed?

My sister hit my husband in eye with a box so he asked for an apology she rolled her eyes at him so he took the box and lightly tapped her on the head. Now she went to hospital claims she has a concussion and is overly dramatizing the whole thing. She is playing victim and the officer asked our side and made no arrest saying theirs not enough substantial evidence that he has to still write a report. Its been a few days and noone has even come back but I'm stressed and worried that with my sister twisting things she's gonna get him sent to jail.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: When family fights happen, the responding officer has to be a "fact finder" in the field. His agency might have a regulation he has to follow, to "write a report on every domestic call." That may be why he told you that he is going to "write a report." His "report" however, doesnt'' go in the trash can, at least right away. It will be "reviewed" by a deputy prosecutor, assigned to review this kind of report. If that deputy prosecutor, however, doesn't see how a jury could EVER convict your husband of "battery," then it will amount to NOTHING. Unfortunately, too, the Prosecutor's Office is probably going to inform your sister that "unfortunately there is no substantial evidence of a crime being committed and therefore we will not be filing charges," sooner than they will notify your husband, if ever.

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