Can someone tell me if they know of anyway to fight a wrongful arrest without an attorney?

Question

I posted a question about this yesterday, but didn't quite get the answers I was looking for. In a nutshell, financial problems in my over 6 year relationship caused so much tension that my hubby was arrested for spousal abuse (even though I was what I consider a participant, not an innocent victim as I am being stereotyped as), and now he faces a new conviction because of 2 of our previous neighbors making false statements saying they witnessed a fight between us that never even happened. And no matter what proof I bring to the DA, she won't drop the charges. The first conviction was bad enough, but this new one, because of the prior, could possibly send him away for 1 to 5 years! It is so wrong for the DA's and judges and police to assume they know if someone is a abuser or mindless victim without hearing all the facts. Instead of innocent until proven guilty, DV arrestees are guilty PERIOD! And rarely get off even with clear evidence of innocense. Any input, web links, resources?

Answer 1

You need to fight the criminal charges against your husband not the arrest itself. And you need an attorney. The DA's job is to find the facts and present them in court. Nothing about what you have said the DA has done appears to be illegal or improper.

He already has a conviction and you want the DA to believe that two witnesses are lying, presumably the police also had a reason to arrest him, or else why would they go through all that trouble? I could see why she would be skeptical. I could also see why you think she should believe you. Either way, focusing your anger and actions on the DA will not help you.

What you are saying may be true and your husband may be innocent, but if the DA is able to get the grand jury to arraign him, those are things that need to come out in trial. That's the purpose of a trial and that's what he needs to talk to his lawyer about!

Domestic Violence defendants are often found not guilty, and your husband will get his day in court. In the meantime, you should go to a womans shelter (because they have good free counselling services, not because you were necessarily abused) and talk to some other people who have been in your situation. They may have some helpful advice on how to get through it. Most are nonjudgemental and helpful.

Let him work on his legal problems and maybe you can get some help for yourself too. Whatever happened in the house, abuse, or a simple fight, or just some yelling, the outcome was obviously bad, so talking to a counsellor could help it be prevented in the future, one way or another. Good luck!

Answer 2

The police and DA have 2 witnesses that say a fight happened. And from what you say, a fight seems to have happened and they were called there for a reason.

So your husband was arrested and charged with a crime. I think there is more then enough evidence for that. So the arrest is not wrongful.

Whether or not he is guilty or innocent is completely different from a wrongful arrest. The police had their evidence, I think they made the right call.

Your husband can go to court and present his case and evidence and the DA will do the same. The judge or jury will find guilty or innocent based on that. A lawyer greatly increases your cases of winning. Not only does he know the criminal law, he also knows the rules of evidence, witnesses, ect.

Also from the state's point of view. Most domestic violence ends with the victim not wanting to press charges. No matter how badly she was beaten.

Answer 3

Without an attorney? You really need one for this, there are legal aid resources (for free legal advice) in every State, although you don't say where this occurred.

This is the second charge for the same basic offense, so the resources of a lawyer would be most helpful. If the police who arrived on scene did not have enough probable cause to arrest your husband then he would not be arrested. The District Attorney has to go on the evidence that was presented and she has two witnesses. If you have "proof" of your husband's innocence, save it for the trial........ you are going to need it.

Hope this helps.

Answer 4

Appeal the decision of the courts that no abuses were committed because you are the supposed victim and the complainant. Prove that the testimonies of your neighbors are not true since you are the one that should be proving the abuse and not them.

Answer 5

I would not worry about it, at this point if you are the victim and are not going to testify then, the public defender will get the case discharged. Marital privilege protects your right not to testify against your husband.

Answer 6

How could you, by your own admission, be a participant in something that you say never happened? No one in the system is going to buy the "my neighbors lied about about what they saw" carp.