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?
Re: Will the Charges Be Dropped
How did the police get the impression that he restrained you?
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.
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.
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?
Re: Will the Charges Be Dropped
They likely will not simply drop the case. They will require folks to testify.