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  1. #1
    Join Date
    Jan 2011

    Default Wrongfully Arrested Due to a False Police Report Being Filed

    My question involves defamation in the state of: ny
    There is an ugly family situation involving my brother in law (now deceased) and his former wife. We have had little to no contact with her onver the past 3 years. In July she contacted my MIL and spoke harshly to her (she is 75) needless to say my mil was quite upset- this is not the first time she has done this. The next day my husband and I saw her at church- on the way out- walking behind the priest my husband taps- and I mean tapped her on the shoulder and stated- you need to stop calling my mother- there was less then a 30 second verbal exchange- not even a shouting match- I have come to find out my s-i-l went to the PD and filed a report accusing my husband of twisting her arm and threatening to kill her- and that I punched her and also threatened her- completely false. In Nov- the s-i-l was bragging that "there was awarrant out for our arrest" that came back to me- I called a police friend of mine who indeed called the appropriate PD and yes- a report was taken- they just hadn't gotten around to arresting us yet. My husband and I presented ourselves to the pd-we were pleasantly arrested and given apperance tickets for this week- we need to go and plead guilty or not- I would like to sue my s-i-l for slander or whatever- and am thinking about suing the pd for false arrest-- apparently they don't investigate anything- they take the complaint, arrest the person and let the DA/system determine who is guilty. what are my rights in this situation.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Wrongfully Arrested Due to a False Police Report Being Filed

    You can worry about what action you may be able to take against your sister-in-law after you resolve the criminal charge. Right now you need to focus on that part of things. So get a criminal defense lawyer, line up your witnesses, and focus on beating the charge.

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