908.) Officer Discretion shall be applied in relation to all non-felony charges, in relation to an arrest. An officer may choose not to arrest someone in relation to a misdemeanor offense or an infraction, upon their own discretion. But may be liable for civil damages incurred if they fail to utilize proper discretion in the protection of any individual person.
909.) All charges in the Penal Code are free to be stacked, in accordance with the number of offenses committed. On top of this, charges may also be upgraded all according to officer discretion. The upgrades are as follows:
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Three misdemeanors of a Class (C) offense may be upgraded to a Misdemeanor Class (B) offense of the crime being charged within a single instance. Three misdemeanors of a Class (B) offense, may be upgraded to a Class (A) Misdemeanor offense of the crime being charged within a single instance. Two misdemeanors of a Class (A) offense, may be upgraded to a Class (B) Felony offense of the crime being charged within a single instance.
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Three felonies of a Class (C) offense may be upgraded to a Felony Class (B) offense of the crime being charged within a single instance. Three felonies of a Class (B) offense may be upgraded to a Class (A) offense of the crime being charged within a single instance.
These upgrades will be up to officer discretion in the field, and will also have appropriate paperwork submitted as to the upgrades to charges being performed.
910.) Officer Discretion in cases of non-felony charges shall be allowed to treat all penalties for these charges as maximums rather than statutory minimums, and may choose to opt for warnings, or lower penalties then stated at their own discretion.
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