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SVTPerformance's Chain of Restaurants
Donut Shop
False Summary Harassment Charge Options
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<blockquote data-quote="cbj5259" data-source="post: 15707561" data-attributes="member: 75268"><p>OP, my guess is that the video shows something on it that warrants or at least backs up the complainants claim. The individual officer does not need to be there himself/herself each time to indicate on the citation that other officers from the agency have responded for similar complaints. Those other officer's reports are public record and available to be used in court. The grading is a summary offense, so it's weighted no higher than a traffic citation. Discovery, in misdemeanor cases is generally taken care of at the trial court level but since it's a summary case you have the right to see the video at the district court level as the local DJ will be the one to adjudicate the case. </p><p>The trooper is obviously filing the citation on Information received and not firsthand "on view" knowledge. If they do not have the video available for the hearing then the only evidence they have is the testimony from the alleged victim and it's a "he said, she said" case that most likely will get tossed (unless there was a corroborating witnesss)...but I'm guessing the video has something else on it since charges were filed this time and not the previous 3 times they responded.</p><p></p><p>Sent from my SM-N950U using Tapatalk</p></blockquote><p></p>
[QUOTE="cbj5259, post: 15707561, member: 75268"] OP, my guess is that the video shows something on it that warrants or at least backs up the complainants claim. The individual officer does not need to be there himself/herself each time to indicate on the citation that other officers from the agency have responded for similar complaints. Those other officer's reports are public record and available to be used in court. The grading is a summary offense, so it's weighted no higher than a traffic citation. Discovery, in misdemeanor cases is generally taken care of at the trial court level but since it's a summary case you have the right to see the video at the district court level as the local DJ will be the one to adjudicate the case. The trooper is obviously filing the citation on Information received and not firsthand "on view" knowledge. If they do not have the video available for the hearing then the only evidence they have is the testimony from the alleged victim and it's a "he said, she said" case that most likely will get tossed (unless there was a corroborating witnesss)...but I'm guessing the video has something else on it since charges were filed this time and not the previous 3 times they responded. Sent from my SM-N950U using Tapatalk [/QUOTE]
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SVTPerformance's Chain of Restaurants
Donut Shop
False Summary Harassment Charge Options
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