# Responsibility of complainant filing criminal charges **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 24, 2014, 3:20pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866 "2014-04-24T15:20:26Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![jtur88](https://avatars.discourse-cdn.com/v4/letter/j/e9c0ed/32.png) [@jtur88](https://boards.straightdope.com/u/jtur88)\ **Post date:** [April 24, 2014, 3:20pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866/1 "2014-04-24T15:20:26Z")
Legal question – I’ll try to keep it short while hitting the salient points. Let’s say A and B have a verbal dispute in a public place. After B leaves, A phones police, and complains about B’s behavior. Police stop B’s car on the highway, and inform B of A’s accusations. B is sent a summons to appear on a charge of Disturbing the Peace, a misdemeanor. B incurs certain expenditures of time and money, including traveling a considerable distance to court in another county, entailing a day off work, child care, etc. A does not appear in court, the prosecutor says he has no witnesses for the prosecution, the judge, without ado, dismisses the case. Does B have a legitimate civil case against A for frivolously causing monetary loss, anxiety, emotional distress, etc? Needless to say, this occurred in BFE. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 24, 2014, 3:26pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866/2 "2014-04-24T15:26:27Z")
> [@jtur88](#): > > Legal question – I’ll try to keep it short while hitting the salient points. > > Let’s say A and B have a verbal dispute in a public place. After B leaves, A phones police, and complains about B’s behavior. Police stop B’s car on the highway, and inform B of A’s accusations. B is sent a summons to appear on a charge of Disturbing the Peace, a misdemeanor. B incurs certain expenditures of time and money, including traveling a considerable distance to court in another county, entailing a day off work, child care, etc. > > A does not appear in court, the prosecutor says he has no witnesses for the prosecution, the judge, without ado, dismisses the case. Does B have a legitimate civil case against A for frivolously causing monetary loss, anxiety, emotional distress, etc? Needless to say, this occurred in BFE. Yes, it’s the tort of [malicious prosecution.](http://legal-dictionary.thefreedictionary.com/malicious+prosecution) B would not have a very good case if there was, in fact, a dispute, even if A spun it a bit in his or her favor. If, however, A just made up the whole thing or really twisted the facts unfairly, there might be something to it. Successful cases are very rare. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [April 24, 2014, 4:29pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866/3 "2014-04-24T16:29:32Z")
Any police officer that is going to put out an APB on someone and charge them with a misdemeanor because of a verbal dispute in a public place reported by the second party probably carries their lone bullet in their breast pocket. ---
**Author:** ![GusNSpot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gusnspot/32/436_2.png) [@GusNSpot](https://boards.straightdope.com/u/GusNSpot)\ **Post date:** [April 24, 2014, 5:54pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866/4 "2014-04-24T17:54:21Z")
This ↑ ↑ ↑ ---
**Author:** ![yellowjacketcoder](https://avatars.discourse-cdn.com/v4/letter/y/4bbf92/32.png) [@yellowjacketcoder](https://boards.straightdope.com/u/yellowjacketcoder)\ **Post date:** [April 24, 2014, 6:17pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866/5 "2014-04-24T18:17:16Z")
> [@Omar\_Little](#): > > …probably carries their lone bullet in their breast pocket. I’m dense today, can you explain the idiom? Are you saying they don’t keep their gun loaded? ---
**Author:** ![Yllaria](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yllaria/32/3452_2.png) [@Yllaria](https://boards.straightdope.com/u/Yllaria)\ **Post date:** [April 24, 2014, 6:29pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866/6 "2014-04-24T18:29:37Z")
It’s a reference to Deputy Barney Fife on [The Andy Griffith Show](http://en.wikipedia.org/wiki/The_Andy_Griffith_Show). Andy was the Sheriff and he was a sensible fellow. Barney was wound way too tight, was too invested in the importance to his authority, didn’t think things through well, and was kind of a klutz. Andy allowed him to carry a gun, but he only got one bullet and he had to keep it in his shirt pocket. Everyone was safer that way. Barney treasured that bullet. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [April 24, 2014, 6:31pm UTC](https://boards.straightdope.com/t/responsibility-of-complainant-filing-criminal-charges/686866/7 "2014-04-24T18:31:32Z")
> [@yellowjacketcoder](#): > > I’m dense today, can you explain the idiom? > > Are you saying they don’t keep their gun loaded? > **[Barney Fife](https://en.wikipedia.org/wiki/Barney_Fife)** > > Bernard "Barney" Fife\[nb 1\] is a fictional character in the American television program The Andy Griffith Show, portrayed by comic actor Don Knotts. Barney Fife is a deputy sheriff in the slow-paced, sleepy, southern community of Mayberry, North Carolina. He appeared in the first five seasons (1960–65) as a main character, and after leaving the show towards the end of season five, made a few guest appearances in the three color seasons (1965–68). He also appeared in the first episode of the spin-... > [@](#): > > One major comedic source is Barney’s lack of ability with a firearm. After numerous misfires (usually a Colt .38 caliber revolver), Andy restricts Barney to carrying only one bullet in his shirt pocket, “in case of an emergency.” However, the bullet always seems to find its way back into the gun, where Barney accidentally shoots it, usually into the floor, the ceiling. or his own gun holster.