File a Police Report (2024)

FAQs

What happens if you say I don t answer questions to a police officer? ›

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

Certain records generated by the New York State Police are available to the public by filing a FOIL request. Other records, like those tied to a specific investigation, are available to certain individuals as defined by law.

For instance, a poorly written report gives defense attorneys an opening to attack the officer's abilities in court. This damages the officer's credibility in court with both the jury and the Judge. In fact the Judge may give less weight to that officer's testimony in future cases.

Is making a report the same as "pressing charges"? When you make a police report, you indicate to law enforcement that you want to press charges for the crime. Charges are "pressed" when sufficient evidence exists for the prosecutor to file the charge. Not all reports will conclude with charges being pressed.

As you can probably surmise by now, law enforcement officers have no legal duty to tell the truth when asked if they are, in fact, the law. Unfortunately, however, most people erroneously believe that police officers must tell you who they are if asked and thus find themselves in a situation much like Badger's.

Calls to the police are a matter of public record. You can ask the police officer who comes to your door who called. If they know, they will try to figure out if it's best to tell you. If they don't; they will tell you it was anonymous.

If the officer stops a car because the officer has reasonable suspicion that a felony or penal law misdemeanor is being committed, has recently been committed, or about to be committed by the driver or one of the occupants, the officer may search any area of the car where the driver and/or occupants are sitting (the “ ...

Summary. An individual who is a party to either an in-person or telephone conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it. New York also prohibits images made or disclosed in violation of its hidden camera law.

In many states, police reports are considered hearsay. That means they generally can't be used as evidence in a personal injury claim. However, in New York City, police reports that meet certain criteria are admissible in lawsuits.

A police report gives your case credibility and protects your legal rights. It's an essential step to ensure you have the strongest possible position regarding liability and the compensation you're entitled to.

Why is it important for a police report to be accurate? ›

The police report's accuracy is critical as it provides an objective record of facts during legal disputes. It's often relied upon by judges and juries to establish the events that took place at the scene of the collision.

Concise: Avoid overly wordy language. Keep statements simple and direct. Complete: Include all relevant information. Correct: Make sure that the information you include is accurate and unbiased.

The charge against the defendant may be brought in two ways. One way is by means of an indictment; the other is by an information. An indictment is a written accusation by a grand jury that charges the defendant with committing an offense against the law.

Pressing charges involves criminal activity and is considered to be wholly different from someone filing a civil lawsuit. “It's a separate process from criminal prosecution,” says Ryan Byers, an attorney with law firm Rammelkamp Bradney, in Illinois. “There are no 'charges pressed' in a civil matter.”

If you have been charged by Complaint, this means a grand jury has not yet considered whether there is probable cause to believe you committed the crime charged. Instead, a statement accusing you of a crime is presented to the court.

So if police stop you for questioning on the street, you may be able to refuse to answer their questions and walk away. If, however, the police officer has one of the following, you may have to answer their questions: Probable cause that you have committed, were involved in, or are about to commit a crime.

Words alone—even profane, offensive, and insulting ones—directed at police generally won't be enough for disorderly conduct charges. These words are protected under the First Amendment.

But what is sometimes referred to as “contempt of cop” often leads to a wrongful arrest and charges for “disorderly conduct” or “breach of the peace.” Unless you are threatening the police officer with violence or are using “fighting words” to incite a violent response, however, your angry words to the police are ...