5 ms·

“ SFPD will not arrest them because Boudin refused to prosecute.” That’s not how it works. After being arrested, you press charges against them.

atdrummond 4y ago
You can go ahead and call and try to get something done. I spent two years on it and was stonewalled by both the PD and the DA’s office. It’s incredible when there are so many stories of the police doing nothing and statistical evidence of the previous DA not prosecuting cases, that you choose to, at best, accuse me of being imprecise with my terminology or, at worse, claim that I’m lying about one of the most traumatic events of my life.
- woodruffw 4y ago
  I don't think they're accusing you of lying; I think what they're saying is that your expectations (and blame) are misplaced: the police are not empowered to make arrest decisions based on how likely they think the DA is to prosecute. The fact that they're making those decisions extralegally suggests that they were playing political hot potato to sink a DA they don't like. (It's worth noting that Boudin was recalled nearly a year ago, and so perhaps the SFPD will have discovered the will to cooperate with the new DA.)
  - DannyBee 4y ago
    Lawyer here: In the US, The police are so empowered and do it all the time. I am unsure why gp thinks otherwise. They are not required to nor do they simply get arrest warrants in every case they think they have probable cause. Anything else would be silly. They would get an arrest warrant, arrest, it would get dismissed without charges at the initial hearing a day later. If the DA is involved already or they know the office policy, Cops will not get an arrest warrant if the DA is not going to back them. If DA is not yet involved they may do it for various reasons, but again, they usually aren't going to touch it if they know the DA won't back them. They have too much to do to be that passive aggressive. As for the other part, Whether individuals can get arrest warrants actually varies from state to state, though it is very uncommon no matter what.
Broken_Hippo 4y ago
After being arrested, you press charges against them You know, folks get charges without being arrested - and folks get arrested without getting charged. These two aren't actually connected. It isn't just that, but you - the private citizen - aren't really the one that determines whether or not someone gets charges against them. Sometimes, if you won't testify, they won't follow through. This happens in Domestic violence situations. But other times, they simply don't take the case to court or they take the case to court even if the victim doesn't want it.
nordsieck 4y ago
> That’s not how it works. After being arrested, you press charges against them. That's not how it works. You, as a private citizen, can't "press charges". The DA presses charges. And they have (so far, according to OP) declined to do so. In colloquial terms, "press charges" means 2 separate things: 1. File a civil suit. Doesn't really work if the offenders are indigent. 2. Agree to cooperate with a criminial investigation. Can't do this if the DA won't initiate one in the first place.
- jeltz 4y ago
  Given that the police did not bother to investigate there is no wonder the DA did not "press charges". I do not really get the grand parent post. Police investigation happens before any charges are pressed. So no matter how incompetent the DA is I do not see how they could possibly be to blame here.
  - leeroyjenkins11 4y ago
    Because if the DA says he won't prosecute certain crimes, why would the police bother to arrest someone that will be released on no cash bail. Why would they risk themselves or being in a situation where they need to use force and come under public scrutiny? In many of these cities, these DAs are propped up with insane campeign funds, get elected, and refuse to charge, or push for no bail, so someone gets arrested for a felony, they end up back on the street the next day. Just read some of the cases where some people are arrested over and over and keep reoffending before their trial date.
    - microtherion 4y ago
      The "certain crimes" that the DA said he would not prosecute are, in his words, "Crimes such as public camping, offering or soliciting sex, public urination, blocking a sidewalk, etc.". It's a bit of a leap from there to conclude that attempted murder would not be prosecuted.
      - prottog 4y ago

atdrummond 4y ago

You can go ahead and call and try to get something done. I spent two years on it and was stonewalled by both the PD and the DA’s office. It’s incredible when there are so many stories of the police doing nothing and statistical evidence of the previous DA not prosecuting cases, that you choose to, at best, accuse me of being imprecise with my terminology or, at worse, claim that I’m lying about one of the most traumatic events of my life.

woodruffw 4y ago
I don't think they're accusing you of lying; I think what they're saying is that your expectations (and blame) are misplaced: the police are not empowered to make arrest decisions based on how likely they think the DA is to prosecute. The fact that they're making those decisions extralegally suggests that they were playing political hot potato to sink a DA they don't like. (It's worth noting that Boudin was recalled nearly a year ago, and so perhaps the SFPD will have discovered the will to cooperate with the new DA.)
- DannyBee 4y ago
  Lawyer here: In the US, The police are so empowered and do it all the time. I am unsure why gp thinks otherwise. They are not required to nor do they simply get arrest warrants in every case they think they have probable cause. Anything else would be silly. They would get an arrest warrant, arrest, it would get dismissed without charges at the initial hearing a day later. If the DA is involved already or they know the office policy, Cops will not get an arrest warrant if the DA is not going to back them. If DA is not yet involved they may do it for various reasons, but again, they usually aren't going to touch it if they know the DA won't back them. They have too much to do to be that passive aggressive. As for the other part, Whether individuals can get arrest warrants actually varies from state to state, though it is very uncommon no matter what.

Broken_Hippo 4y ago

After being arrested, you press charges against them You know, folks get charges without being arrested - and folks get arrested without getting charged. These two aren't actually connected. It isn't just that, but you - the private citizen - aren't really the one that determines whether or not someone gets charges against them. Sometimes, if you won't testify, they won't follow through. This happens in Domestic violence situations. But other times, they simply don't take the case to court or they take the case to court even if the victim doesn't want it.

nordsieck 4y ago

> That’s not how it works. After being arrested, you press charges against them. That's not how it works. You, as a private citizen, can't "press charges". The DA presses charges. And they have (so far, according to OP) declined to do so. In colloquial terms, "press charges" means 2 separate things: 1. File a civil suit. Doesn't really work if the offenders are indigent. 2. Agree to cooperate with a criminial investigation. Can't do this if the DA won't initiate one in the first place.

jeltz 4y ago
Given that the police did not bother to investigate there is no wonder the DA did not "press charges". I do not really get the grand parent post. Police investigation happens before any charges are pressed. So no matter how incompetent the DA is I do not see how they could possibly be to blame here.
- leeroyjenkins11 4y ago
  Because if the DA says he won't prosecute certain crimes, why would the police bother to arrest someone that will be released on no cash bail. Why would they risk themselves or being in a situation where they need to use force and come under public scrutiny? In many of these cities, these DAs are propped up with insane campeign funds, get elected, and refuse to charge, or push for no bail, so someone gets arrested for a felony, they end up back on the street the next day. Just read some of the cases where some people are arrested over and over and keep reoffending before their trial date.
  - microtherion 4y ago
    The "certain crimes" that the DA said he would not prosecute are, in his words, "Crimes such as public camping, offering or soliciting sex, public urination, blocking a sidewalk, etc.". It's a bit of a leap from there to conclude that attempted murder would not be prosecuted.
    - prottog 4y ago