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False Arrest for Domestic Violence

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  • 03-29-2010, 02:59 AM
    mari_boy_wonder
    False Arrest for Domestic Violence
    My question involves police conduct in the State of: LAS VEGAS, NV Well I have been arrested in las vegas from the states decision of having to arrest some for Domestic Violence. I was the victim that called and the police officer to me we have to arrest somebody, they choose me over my abuser/my girlfriend because she has kids - like I can't take care of them or whatever. After I have recorded this whole abuse and showing the police officer what had happened from my camera phone I still get choose for the arrest. I always and have been acting in a curropurtive and mature manner and I still get arrested. I have placed to charges on my abuser also a order protection in NY and if she gets in trouble or violates she may serve time in jail or procede with classes and I still get arrested. Now I was wondering if I can sue for any reason, I have been abused in and out of jail because of this false arrest. What is a boy to do?:confused:
  • 03-29-2010, 07:04 AM
    aardvarc
    Re: False Arrest - Me Too
    How about NOT live with someone you've got a protection order against, for starters.
  • 03-29-2010, 10:26 AM
    mari_boy_wonder
    Re: False Arrest for Domestic Violence
    what is with these lame answers I had asked yahoo answers the smae question and... anyway just lookn for educated LEGAL ADVICE :) thanx (:
  • 03-29-2010, 11:09 AM
    aardvarc
    Re: False Arrest for Domestic Violence
    Quote:

    Quoting mari_boy_wonder
    View Post
    My question involves police conduct in the State of: LAS VEGAS, NV Well I have been arrested in las vegas from the states decision of having to arrest some for Domestic Violence. I was the victim that called and the police officer to me we have to arrest somebody, they choose me over my abuser/my girlfriend because she has kids -

    Here's legal advice:

    Police need an articulable cause to arrest one pary over the other. Her having kids might have played a part in the decision, but isn't the OVERRIDING factor that a prosecutor is going to base a criminal case on in court. A DA can't stand up in front of a jury and point the finger at you and say "he is guilty because she has kids"...that's just not how it works. Your attorney will know this and will get copies of the police reports, statements, and evaluate the evidence that the state has against you. Because they have SOMETHING other than just her having kids.


    Quote:

    like I can't take care of them or whatever.
    Are they legally YOUR kids too? If not, it's irrelevent.


    Quote:

    After I have recorded this whole abuse and showing the police officer what had happened from my camera phone I still get choose for the arrest.
    Without seeing what was there, no one can possibly comment on why an arrest was made. Your attorney's job will be to find out on what basis the arrest was made, and provide defense for that/those reason(s). Any commentary from people who weren't there, haven't read the police report, or know what evidence the state has against you would be total speculation.


    Quote:

    I always and have been acting in a curropurtive and mature manner and I still get arrested.
    Past history of being a model citizen doesn't protect you from arrest when police feel there is probable cause to make the arrest.


    Quote:

    I have placed to charges on my abuser also a order protection in NY and if she gets in trouble or violates she may serve time in jail or procede with classes and I still get arrested.
    She'll have her OWN legal problems if she was violating the order. But her legal situation with the order doesn't impact actions YOU are accused of.


    Quote:

    Now I was wondering if I can sue for any reason, I have been abused in and out of jail because of this false arrest. What is a boy to do?:confused:
    You're WAY ahead of things here. CAN you sue? Sure, anyone can sue anyone else, for a good reason, a bad reason, or no reason. If you're asking if you have a potentially winnable case, no one can answer that without a crystal ball. We have NO details of your case, and the case hasn't been adjudicated in the courts yet. Just because YOU feel it was a false arrest doesn't make it so - you need to see the outcome of the criminal case against you before you jump into planning to sue.

    Bottom line: you're being charged in a criminal case. You need an attorney - and to listen carefully to their advice, ask questions about things that you don't understand or that are unclear, and make sure that all options are explained to you before making any choices, deals, or pleas. They and ONLY they will have the totality of information necessary to GIVE advice along these lines. Then, if you wish to sue when the criminal case is over, you'll retain the services of a civil attorney and with ALL the information available, ask them to evaluate any possible case.
  • 03-29-2010, 11:51 AM
    cdwjava
    Re: False Arrest for Domestic Violence
    Quote:

    Quoting mari_boy_wonder
    View Post
    Well I have been arrested in las vegas from the states decision of having to arrest some for Domestic Violence.

    Actually, you were probably arrested because they had probable cause to believe you had committed a crime. Nevada does not REQUIRE the police to arrest someone at a DV scene.

    Quote:

    I was the victim that called and the police officer to me we have to arrest somebody, they choose me over my abuser/my girlfriend because she has kids - like I can't take care of them or whatever.
    He shouldn't have made that excuse, but some cops do - it sometimes helps to keep the arguments down.

    Quote:

    I have placed to charges on my abuser also a order protection in NY and if she gets in trouble or violates she may serve time in jail or procede with classes and I still get arrested.
    So, if you were afraid of her, and she had attacked you in the past, why were you still with her?

    Quote:

    Now I was wondering if I can sue for any reason, I have been abused in and out of jail because of this false arrest. What is a boy to do?
    If you can prove that she made knowing and false statements to the police, certainly you can sue her. If you are asking if you can sue the police, you will have to show that they had no probable cause to make the arrest or somehow violated your rights. Can you do either of these things?
  • 03-29-2010, 01:30 PM
    tigerdog
    Re: False Arrest for Domestic Violence
    Carl,
    I'm a bit confused about this statement,

    Quote:

    Nevada does not REQUIRE the police to arrest someone at a DV scene.
    This is what I'm familiar with and I believe it would require an arrest as it indicates, "shall"

    NRS 171.137 Arrest required for suspected battery constituting domestic violence; exceptions.

    1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child.

    2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, the peace officer shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

    (a) Prior domestic violence involving either person;

    (b) The relative severity of the injuries inflicted upon the persons involved;

    (c) The potential for future injury;

    (d) Whether one of the alleged batteries was committed in self-defense; and

    (e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.

    3. A peace officer shall not base a decision regarding whether to arrest a person pursuant to this section on the peace officer’s perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.

    4. As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

    I know you likely know more than I do about this... Could you please share your interpretation?
    thanks!
  • 03-29-2010, 01:33 PM
    cdwjava
    Re: False Arrest for Domestic Violence
    Quote:

    Quoting tigerdog
    View Post
    This is what I'm familiar with and I believe it would require an arrest as it indicates, "shall"

    You forget the key piece:

    "... when the peace officer has probable cause ..."

    Ergo, all because they respond to a DV does not mean that an arrest MUST be made as was the implication. Probable cause MUST exist for their to be a lawful arrest.
  • 03-29-2010, 06:11 PM
    mari_boy_wonder
    Re: False Arrest for Domestic Violence
    thanx to all on the replys it is very helpful love you people keep up the good help - more replys is very welcome
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