A couple of months ago my husband and I dropped off his daughter at her house. As soon as we were leaving the premises where she lives (job corp housing), we were approached by about 7 sheriffs, guns pointed at us, both my husband and I were handcuffed and my mom and my newborn were in the car with us. They say it was an anonymous report but we know if was my husband's ex and her boyfriend who made it. They said that the previous Friday that we picked up his daughter, that my husband had a gun and point it at them. They didn't find nothing that Sunday that they searched the car (because he never had nothing on him) and they still arrested him and took him in, handcuffed me and to my belief put both my mother and newborn in danger. I understand it's their job and respect that, but if they never found nothing on him then why did they arrest him and why does he know have to go to court in a couple of weeks and get a lawyer to get this straight? Can we put charges on her?
2007-01-19 09:06:43 · 8 answers · asked by chiklatin_03 1 in Politics & Government ➔ Law Enforcement & Police
Making a false police report is a crime in California and can lead to arrest of the person making the false report. There are two inherent problems in this case.
(1) You aren't the victim of a false police report, the state is. The state or law enforcement agency will need to pursue this kind of charge if they see fit to do so.
(2) There must have been some evidence, witnesses or something more to support that your husband broke the law, otherwise I can't imagine that the police would have arrested him. Beyond that, it sounds like the DA has filed charges against him (since he has to appear with a lawyer). If thats the case, there must be some evidence against him.
Now is probably a good time to talk to that lawyer.
2007-01-19 12:56:00 · answer #1 · answered by James P 4 · 1⤊ 0⤋
Goodness. A few interesting...and a few ridiculous...answers here. First - you're not going to get a quality answer because you haven't said what state this took place in. Laws on these things vary by state, and people need to know what state you're in to give you a good answer. I can give you the California answer: In this state, the subject of filing a false *personnel* complaint against an officer has been on and off the last few years. Unless I'm mistaken, it's currently legal to file a false personnel complaint against a law enforcement officer. The State Supreme Court felt that it wasn't fair to other groups that cops should get protection from false complaints, I believe. On the other hand, it always has been and I imagine always will be, illegal to file a false police report against anyone, police included. In other words, if your friend is in California, it's probably legal for him/her to make a false complaint about an officer's behavior (he was rude, he called me names, etc). However, it would not be legal for your friend to make a false police report, alleging the officer violated the law. If your friend said the officer punched him/her, and that was not true, that would be a false report and your friend could be charged with a crime. The other poster is correct about judges seeking the prosecution's input for sentencing...perfectly normal, perfectly appropriate, and perfectly professional. Were you there when this happened? If not, I'd encourage you to reserve your judgement unless you know, or can find out, what the absolute truth was. Nobody wants to doubt their friends, but when friends have run-ins with the police, they are not always as forthcoming as they perhaps should be. And as others have mentioned, it is very likely the contact between your friend and the officer was audio or video recorded, and that might have been all it took to make one or the other of them a liar...an interview might not have been necessary at all. Finally, the way you're asking this question (referring to sentencing) makes it sound like your friend was convicted of doing whatever it is the State alleges he/she did. If that's the case, it pretty much answers your question, don't you think?
2016-05-23 22:31:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Since your husband has been charged, he has to show up in court. But get a good lawyer to explain the situation and perhaps the judge will throw out the charges. Hopefully your husband has no previous record, right?
Then you can file again to have false arrest charges against the police officers and the ex.
Good luck.
2007-01-19 11:30:17 · answer #3 · answered by vgordon_90 5 · 0⤊ 0⤋
If nothing comes of it -case gets thrown out or charges dropped- and the cops don't go any further, you can always sue. You can sue the cops for false arrest, and sue the butch for whatever you and a good lawyer can come up with. Whether you win is up to the judge, but yes, you have a right to sue a couple of people here.
2007-01-19 10:05:14 · answer #4 · answered by BuddyL 5 · 0⤊ 1⤋
I don't know if you can or can't, but I hope you can. Maybe the officers can also press charges for them making false statements. My only request is that you nail them as hard as you can. Good luck.
2007-01-19 09:21:09 · answer #5 · answered by johN p. aka-Hey you. 7 · 0⤊ 0⤋
falsifying a police report is a crime.
also if you husband is ever charged, you would be able to face your accusers.
what i would do is a pre-emptive response - put a restraining order on them to ensure that they can't come near you and repeat the accusation...
2007-01-19 10:18:15 · answer #6 · answered by nostradamus02012 7 · 0⤊ 0⤋
No you can not since he was charged, its a serious thing to be accused of therefore without evidence it requires legal work to get rid of the problem.
2007-01-19 09:19:37 · answer #7 · answered by kamni07 1 · 0⤊ 0⤋
I feel so very sorry for all the children involved in this situation. Your husband should pick the kids up from his ex's home on his own from now on. You should stay home.
2007-01-19 09:14:30 · answer #8 · answered by mJc 7 · 0⤊ 1⤋