# What crime would this be called legally?



## ironpony (Feb 1, 2018)

For my story, basically a group of men in disguises, gloves and masks, are chasing another guy in a disguise, gloves, and mask, and are chasing him down the streets.  A cop spots this and manages to arrest one of them, but the others get away, and continue to go after the guy they were chasing.

These guys all escape and are not heard from again at this point in the story, and neither is the one being chased, heard from again either.  But the cop managed to catch the one.  The arrested suspect doesn't talk, so all the police have to charge him with is the crime the one cop witnessed.  Now what would they charge him with, since he and his co-suspects, were chasing another man?

I could also write it so that a couple of the guys who were chasing the guy had knives when they got away if that adds any extra drama, but what would that change in the charge of the one guy who was arrested that didn't have any weapons?


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## Terry D (Feb 1, 2018)

Chasing someone in a disguise might be suspicious and warrant the cops stopping the guy to ask, but it is no crime to run down the street in a costume. However, if the police identified themselves and told him to stop and he continued to run, then he would be guilty of evading the police, refusing to comply, resisting arrest, or some similar crime.


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## ironpony (Feb 1, 2018)

Okay thanks.  I could do the whole resisting arrest thing, but I want the villain to be let go later on lack of something to charge him on.  However, for the story, I would like to him to be under arrest for a couple of weeks of the plot.  He can be bailed out I suppose, but I want him to have charges coming up that he is trying to evade.  Is this possible?

Basically I want the police to threaten him, saying if he doesn't talk, they will go for the maximum penalty, but the maximum penalty for resisting arrest only, is just a few months, so it's not much of a threat therefore.


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## Laura D (Feb 17, 2018)

It does depend a bit on which country the story is set in. Laws and rights do differ at different times and places. Here in Holland, it is technically legal to detain someone for 110 days without a trail, but this only happens in very extreme cases where letting them go would be dangerous.

I don't really see a true crime, at best it might be stalking or, if you have the evidence, you might get them for something they attempted to do; maybe rob the guy or even murder. Problem is that you would need some good evidence, otherwise in a normal --read not corrupt-- agency they would need something good.

If there is no evidence of a true crime, except for pestering someone, it would be hard for the police to do something. Most would probably just let them go. The police could also start bluffing... Maybe tell the villain they have something, maybe the police think the villain is someone else.


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## nokie03 (Feb 19, 2018)

here in the usa probably a public nuisance or disturbing the peace if the cop has no evidence linking him to any crimes also no one is herd from again to call him a stalker or harassing him. iv had enough run-ins with the law to know this guy who got caught will most likely walk free if the cop isn't a douche and says hes disturbing the peace. if there is a government building or bank around where he was caught they could also play into where they try harder to tack on small bs stuff to try and get him to squirm which is pretty common


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## ironpony (Feb 19, 2018)

Okay thanks.

Basically the descriptions of the people who got away, match those to previous crimes, such as dressing in all black and wearing similar masks, clothes, gloves, etc.  So I could have the police try to come up with BS charges to try to get him to talk about who his accomplices are, since that is what the police want, but wouldn't his lawyer see through this and tell him not to talk and the police would know it's not worth pursuing?  Basically I need the police to pursue it somewhat, even though the guy is ultimately going to walk.


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## Ralph Rotten (Feb 20, 2018)

The best they could charge him with was possibly assault, but it'd be flimsy.  Most likely they would go with disorderly conduct (creating a protracted disturbance) but that is a misdemeanor and he would likely not even see jail.

If you need to hold him for 2 weeks then have the police find something illegal on him when they catch him.  Drugs, guns, Spanish doubloons, severed fingers, etc...


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## ironpony (Feb 24, 2018)

Well what if I wrote so that the cop saw them carry away someone who is tied up and put the person in the back of a car, and try to drive away? The cop could arrest one of them before the others get away.  Would that be less flimsy to charge?


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## DanR84 (Mar 27, 2018)

Yea that would probably enough probable cause to arrest him on suspicion of false imprisonment and enough to bring him back to the station maybe detain him and interview him but without knowing more or having more evidence, ie speaking to the victim and having a complaint from the victim maybe not enough evidence to charge your criminal for an offence


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## Ralph Rotten (Mar 27, 2018)

If they actually witnessed any portion of the kidnapping then they could charge him with a variety of charges including unlawful imprisonment. Since it is kidnapping, the feds could hold him for some time without even filing formal kidnapping charges, but I forget how long.


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## ironpony (Mar 29, 2018)

Okay thanks.  Well I thought maybe I could have him charged with conspiracy to kidnapping, however, in the story, I want him to get off.  I thought he could get off at the grand jury hearing, cause the judge looks it over and doesn't have enough to go to trial, especially since the cop's testimony is tainted at the grand jury.

However, when doing research, I was told that all cases go further a grand jury, and the grand juries are a joke, for exonerating defendants.  Is that true though?


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## Bloggsworth (Mar 30, 2018)

Not an offence to run in public however you are dressed.

"_Sorry officer, we were racing some people we'd just met to the pub, 'cos if we beat them, they'd have to pay for the drinks_..."

So no probable cause, no search, no right to question - Now, if a gun/knife,cosh dropped out of his pocket while running...


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## ironpony (Mar 30, 2018)

Well basically in order for my story to go the way I want, I want him to be arrested, but then let go, cause they don't have enough, but yet the cops still have their suspicions and investigate further.

What if the guy who is arrested was chasing the person while wearing the mask, but the people he are with were also seen by the cop, carring a tied up, and gagged woman into a van, and they get away and the cop fails to catch them, but manages to arrest the one guy.

Can they still charge him with conspiracy to abduction or something like that?


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