Christopher Combs and Steven Waterkotte of Combs Waterkotte answer if text messages are admissible in court.
This video is part of a series on your legal rights during police interactions. Learn how law enforcement builds a case and how a criminal defense attorney can help protect your freedom.
Interview Transcript
Scott Michael Dunn: That’s crazy.
Are police allowed to lie about charges in general?
Chris Combs: Could you be a little bit more specific?
Scott Michael Dunn: I think this would relate to any charges.
Chris Combs: Yes, would be the answer.
Scott Michael Dunn: Can they just say, “I’m going to find you guilty of something regardless?”
Chris Combs: Here’s the thing. Police conduct their investigation. They take everything they’ve built in their investigation, and they take it and they present it to a prosecutor at some point in time. Now, many times we will see an officer applied for these charges, assault one, ACA, et cetera, resisting arrest. Then the prosecutor looks at it and says, “Well, here are the charges I think I can prove the best,” so it can always come out different.
So yes, police can say, “Look, you’re getting charged with X, Y, and Z,” but they’re not making the charging decision. A prosecutor’s reviewing that file to make a charging decision.
So, yes.
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