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Old January 6, 2020, 08:56 AM   #7
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Join Date: December 13, 2005
Posts: 4,016
Originally Posted by USNRet
NOT arguing for or against RFLs, but aren't there LOTS of instances where one person accuses another of 'something' that results in an arrest, lose of rights(freedom), and then a court date where each will 'argue ' their case? Girl friend doesn't like boy friend playing xbox all day, calls LEO and accuses him of threatening her with a face smack...or grabs her arm and pushes her...LEO called..guy almost always gets arrested...
Emphasis added.

An arrest is an executive action, not a judicial determination that you've relinquished a right. Whether the process was adequate doesn't arise because there isn't any judicial process yet.

Ex parte and due process are difficult concepts to reconcile which is part of the reason a civil TRO typically requires a bond in order to be effective. In a criminal process, a court is supposed to quickly arraign, i.e. determine whether the charges merit keeping the defendant or require a bond, but...and this is an important "but", the defendant is present for that.
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