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What is a "complaint"?

okboomer

okboomer

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Joined
Oct 18, 2009
Messages
1,164
Location
Oklahoma, USA
Trent91 said:
Would it be adviseable, or even required?, to sign the complaint on the scene? Or could one postpone saying or signing ANYTHING until after a lawyer has been consulted?
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Hi Trent,

This is a yes and no situation. Yes, it is advisable as long as you are certain that you are in complete control of your facilities and have a clear memory of the specific sequence of events as they happened.

Some municipalities will allow up to IIRC 48 hours to file a complaint. Check with a local legal eagle.

And, No, do not sign anything if you are in shock. Hold your hand out, is it shaking? You are in shock and should not sign or say anything other than that you feel you might be in shock so will be happy to meet with the detectives (who will be handling anything after the scene) after you consult with an attorney.

Now, here's the way things went for me: incident happened, someone threatened to shoot me, I retrieved my weapon from the secure location, police arrived.

Me and the ex wrote statements, the occupants of the house wrote statements. When my attorney received our copy of the police report it was absolutely hilarious reading as the occupants of the house were so high that not one of their statements coincided in any detail at all, whereas, mine and the ex were dead on point for point with slight variations caused by differing points of view and differing points of focus.

This is also when the Criminal Defense attorney told me it was more effort to defend someone who was innocent than someone who was guilty :lol:

IANAL and nothing I say should be confused with the need for consulting with an Attorney
 
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C

Citizen

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Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
I think the significance might be a little skewed here, fellas.

In the context of a citizen talking to a cop, a complaint is a complaint. A report. It could be about a loud stereo. The neighbor dog relieving itself on a nicely kept yard. Or, even a non-crime like a Homeowner's Assoc violation misdirected to police.

I think the main significance belongs to the word "sign", as in signature. This immediately implies a written report will be coming. With a signature. It also means or reinforces that the speaker is the victim. Victims make complaints. Thus we have a victim who is saying he is taking this seriously enough that he will sign a written complaint, not leave it at a verbal report.
 
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Trent91

Trent91

Regular Member
Joined
Sep 22, 2011
Messages
100
Location
Muskogee, Oklahoma, United States
okboomer said:
Hi Trent,

This is a yes and no situation. Yes, it is advisable as long as you are certain that you are in complete control of your facilities and have a clear memory of the specific sequence of events as they happened.

Some municipalities will allow up to IIRC 48 hours to file a complaint. Check with a local legal eagle.

And, No, do not sign anything if you are in shock. Hold your hand out, is it shaking? You are in shock and should not sign or say anything other than that you feel you might be in shock so will be happy to meet with the detectives (who will be handling anything after the scene) after you consult with an attorney.

Now, here's the way things went for me: incident happened, someone threatened to shoot me, I retrieved my weapon from the secure location, police arrived.

Me and the ex wrote statements, the occupants of the house wrote statements. When my attorney received our copy of the police report it was absolutely hilarious reading as the occupants of the house were so high that not one of their statements coincided in any detail at all, whereas, mine and the ex were dead on point for point with slight variations caused by differing points of view and differing points of focus.

This is also when the Criminal Defense attorney told me it was more effort to defend someone who was innocent than someone who was guilty :lol:

IANAL and nothing I say should be confused with the need for consulting with an Attorney
Click to expand...

I see. Ok, so I'm going to stay with saying, and signing nothing until I have a lawyers consult.

On an unrelated note, what would be your opinion on taking a few quick pictures or a quick video on the ole' cellular device (assuming its safe to do so) to preserve the scene and evidence?
 
C

Citizen

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Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Trent91 said:
I see. Ok, so I'm going to stay with saying, and signing nothing until I have a lawyers consult.

On an unrelated note, what would be your opinion on taking a few quick pictures or a quick video on the ole' cellular device (assuming its safe to do so) to preserve the scene and evidence?
Click to expand...

I am not lawyer, so this is just opinion.

The police will thank you for creating more evidence. All the evidence is theirs to take.

Oh, and while they have your cell phone, they might just have a look through whatever else is on the phone. You know, as in they might be thinking maybe there's something the prosecutor can use to help get an indictment against you.

If you record or photograph, I'm thinking you'll want to do it quickly and ditch the device before the cops arrive. Assuming its legal to do so.

Hmmmm. I wonder if you can slap your lawyers business card on your phone, postage due, and just drop it in the nearest mailbox as soon as you take a few photos?

I guess knowing what to photograph is important. Meaning, it might be kinda tricky to evolve a protocol or procedure for what is important to photograph and what isn't important while the police are on the way.
 
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Trent91

Trent91

Regular Member
Joined
Sep 22, 2011
Messages
100
Location
Muskogee, Oklahoma, United States
Citizen said:
I am not lawyer, so this is just opinion.

The police will thank you for creating more evidence. All the evidence is theirs to take.

Oh, and while they have your cell phone, they might just have a look through whatever else is on the phone. You know, as in they might be thinking maybe there's something the prosecutor can use to help get an indictment against you.

If you record or photograph, I'm thinking you'll want to do it quickly and ditch the device before the cops arrive. Assuming its legal to do so.

Hmmmm. I wonder if you can slap your lawyers business card on your phone, postage due, and just drop it in the nearest mailbox as soon as you take a few photos?

I guess knowing what to photograph is important. Meaning, it might be kinda tricky to evolve a protocol or procedure for what is important to photograph and what isn't important while the police are on the way.
Click to expand...

Definately a tricky situation. It would be nice to be able to capture evidence before it "walks off", but it has always seemed a risky business to create more evidence as you stated.
 
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