It doesn't really matter if it's legally or not... you still have to PAY for the right to to defend yourself in court (both in time and in scum sucking lawyer fees). Or if you don't have the time and the money, you can just plead guilty and take your ass raping like an adult.

The problem is that innocent or guilty, you are STILL going to suffer the consequences of the actions of the police.

Which is why I repeat at every opportunity: any officer who ever abused his authority, or who ever dared to utter "tell it to the judge" deserves to be immediately be taken into custody, charged with molesting his kids, and given his "fair day in court" to defend himself.

Tell it to the judge indeed.