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Will the Charges Be Dropped

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  • 12-27-2010, 04:31 PM
    caelensmom
    Will the Charges Be Dropped
    My question involves criminal law for the state of: North Dakota

    The police were called and my brother was arrested for felonious restraint. I wrote a notarized statement saying that he did not restrain me in anyway and I never said he did in my statement. My friend who is a witness, says she will testify in court that she did not actually see him restraining me. Does this mean that the charges should be dropped?
  • 12-27-2010, 04:34 PM
    Mr. Knowitall
    Re: Will the Charges Be Dropped
    How did the police get the impression that he restrained you?
  • 12-27-2010, 09:34 PM
    caelensmom
    Re: Will the Charges Be Dropped
    During the 911 call, my friends said it looked like he was holding me down. However, it is not stated in either her statement or mine that he restrained me.
  • 12-27-2010, 10:02 PM
    Mr. Knowitall
    Re: Will the Charges Be Dropped
    Since there are witnesses other than you and the friend who is now helping you to try to get the charges dropped, they thought the incident was sufficiently dangerous that they called the police, and they made statements to the effect that your brother was holding you down, it seems plausible that the prosecution could continue based upon their testimony.
  • 12-28-2010, 12:50 PM
    caelensmom
    Re: Will the Charges Be Dropped
    I am sorry I explained that completely wrong. My friend is the only other witness besides myself and she is the one who called the police. It does not state in her statement nor in the police reports that he did hold me down. Does that make a difference?
  • 12-28-2010, 01:02 PM
    davidmcbeth3
    Re: Will the Charges Be Dropped
    They likely will not simply drop the case. They will require folks to testify.
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