how do you get someone arrested?

Question

for making a false report on someone for stalking, and them going to jail because of it? they have no evidence against this person but he is still going to jail. what can be done?

we have a lawyer and they know about it. the police in the town where we live have been known to pick people up on just hear say. there is some sort of money ring with the police here. they know about it and they have a warrent anyway, but no evidence.

the person is my husband and the person that filed the claim is his ex-wife. we only see her when we take the kids to her. and that's it! she is saying this happened back in june.

Answer 1

get a lawyer from a different town and go after the police department for corruption and bribes.forget about having someone arrested, sue them it hurts more!

Answer 2

Well, for a charge of false reporting, you have to be able to prove that the report is knowingly false. If your husband has not gone to court yet on this charge, then you're going to have to wait for court. That's what your lawyer is for. If the judge sees that the complainant knowingly made a false claim that resulted in all this going on, then the judge can have the person arrested for it. The only other way for it to happen is to get the person to admit they lied about it all.

And the police did not issue a warrant for anybody. They don't have the power to do that. A warrant must be issued by either a judge or a magistrate. And to issue the warrant, the judge or magistrate must have been presented with enough evidence to establish probable cause. A warrant is not issued without some type of evidence.

You say the police are known to arrest people for "hear say". What exactly do you mean? Hearsay is when Person A said Person B told them Person C said or did something. If Person A is saying they heard Person B say or do something, that's not hearsay. That's called eyewitness testimony. Hearsay is information that is not based on firsthand experience. If Jack goes to the police and tells them that he saw Billy Bob beat up Bobby Joe, that's eyewitness testimony. If Jack tells them that Bobby Joe told him that Billy Bob beat him up, that is hearsay.

You said that you and your husband have already got a lawyer. Your lawyer can explain things to you in more detail related to your exact case. If your lawyer is worth the money you are paying them, they know the law and you should trust them to handle things. That's why you hired them. They can do things that you can't do. Tell them about your questions and concerns and they will address them.

Answer 3

an arrest and a conviction are two separate matters. if your friend is going to jail, he/she must have been denied bail after an arraignment or has been convicted of a crime.

people are arrested under the suspicion of a crime. after gathering enough evidence, and working with a DA, a detective will arrest someone if there is a good chance that guilt will be proven.

after the arrest, the accused will be arraigned. at that time, bail will be set. if bail cannot be made, or if bail is denied, the accused will go to jail until the trial.

upon a guilty verdict (prosection is successful) the guilty party will go thru sentencing. most likely, jail time is given.

in order to avoid jail, one must...

1. ensure that the DA does not have enough evidence to prosecute

2. in the case of an arrest, pay the bail

3. in the case of a trial, make sure that the DA is unable to prove to a jury beyond a reasonable doubt that the accused is guilty

Answer 4

Well if he is already going to jail I assume he has been sentenced meaning there was someone that beleived there was nough evidence beyond resasonable doubt of the offense. All the person can do is try for an appeal. In the other hand he can start a civil suit for slander and diffamation of character but keep in mind tha neither of those offenses are punishible by jail time but are meant for monetary compensation and it will be really hard for him to win if he has been conviced of it. If in an appeal he is found not guilty and freed, then he would have a better chance of wining the civil suit.

Answer 5

Go see a lawyer that handles criminal matters.
Seriously. The accuser must have had some compelling reason/evidence which led that someone to now be in jail. I'm pretty sure that people can't just be slammed into a cell..based on someone's complaint...until it's been investigated, and brought before a court hearing...

Answer 6

I'm sorry--either you aren't telling the whole story or maybe you truly don't know the whole story--but cops don't just arrest someone because you call them and tell them to. If they got a warrant, they had/have enough evidence to go to a magistrate and get one. Obviously he was stalking her, if that is the charge on the warrant. You say you have a lawyer, but you don't say what the lawyer has told you.

Answer 7

If you KNOW, as in, have been told by this person that it was a plot, you need to go to the police. Tell them what you know, which could be the best thing that has happened to the false stalker. This is a serious crime, and it needs to be reported.

Answer 8

You would need evidence that they filed a false report.
Seems odd that the police would prosecute this "alleged stalker " with NO evidence what so ever. Hmm, whats the rest of the story?

Answer 9

There must have been some type of evidence or they wouldn't be going to jail.. Your job would be to prove this evidence was false. Somehow get this person to admit they lied. Set them up somehow.

Answer 10

well if they cannot prove it then he shouldnt go to jail. holding is different than jail but if it proves to be false like he has an alibi or other such thing then he can take the filer to court for loss of time and wages.