Can I be charged later for an incident if the police came and filed a reportwhich stated thatnothing happened?

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Can I be charged later for an incident if the police came and filed a reportwhich stated thatnothing happened?

My ex-girfriend accused me of unlocking her door, which I didn’t. I did knock and then turned the handle but there was no B&E or other offense according to police. However they said they still had to file a report. They advised to just stay away from her.

Asked on July 17, 2011 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the police came and did not arrest you concerning an incident with your former girlfriend, by law they have have to prpeare and sign off on an "incident report". The report is then sent to the district attorney's office for review and possible filing of a criminal action against you.

In a situation like you described with your former girlfriend, if you were not arrested at the time by the police when they spoke to you in person, the chances of the district attorney's office filing criminal charges as to the incident would appear remote.

Perhaps you will want to stay away from your former girl friend in the future? With one incident report against you, a second incident involving you with police intervention could very well result in your arrest.

 


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