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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default "Accidental" A & B Charges



    My question involves criminal law for the state of: MA.

    I am on probation for previous false allegations of domestic abuse. My British wife didn't understand how the law works in America. She is also suffering from severe emotional problems and anger issues.

    We were arguing and she called the police (which is something she has threatened to do dozens of times, but never has) thinking she could get them to just tell me to leave or scare me or something. I was already gone when they arrived. Apparently, they saw my record on the way to the house and had already made up their minds that I had hit her. They said they were issuing a warrant for my arrest for "Domestic A & B" even though my wife made no allegations of any physical abuse and she asked them not to file charges. She went to the police station to see the police report which states physical abuse occured (shoving), talked to the police officer who filed it, explained her emotional disorder that she never should have called and asked him to fix the report. He refused. She admitted that she did it out of spite and was unaware of the consequences. He wouldn't even take her seriously.


    A different officer advised her to go to the clerk's office at the district court to "stop the wheels from turning" where she was told that no charges had been filed because I hadn't been arrested yet. The clerk magistrate advised her to go back to the police station. When she called the police station they told her to call the DA. The DA's office reiterated the fact they no charges have been filed because I haven't been arrested and that that meant they couldn't help.

    She feels horrible about what ended up happening and completely helpless in fixing the situation. I have tried explaining to her that this is a stereotypical situation where the police and court's policy is to assume she is lying NOW, but refuse to accept that she could have been lying then. It's a sexist policy, but it ends up saving many women from abusive situations.

    She accepts that this is her fault and said she would even let them charge her with filing a false police report if needed. I think she would get deported if that happened though.

    Can she add a statement to the police report?

    Can she settle this without me being arrested or violating my probation?

    Now that the wheels of the system are turning, can we stop them or is it too late?

    Do we have to choose between either she or I going to jail?

    (For all you skeptics: if she was really afraid of me she would kick my ass. She is tougher than I, not dependant on me financially, we have no kids together, and she has the means to just go back to England. She wants to fix this because she genuinely regrets it - I am not forcing her to. She is also a member of these forums.)

    Thanks for your help in advance.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: "Accidental" A & B Charges

    I would count on one of you being charged.

    Police and the courts do not enjoy being used as a false threat because your boyfriend doesn't take you dancing often enough or refuses to take the trash out to the bins.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: "Accidental" A & B Charges

    Quote Quoting rocksalt
    View Post
    I am on probation for previous false allegations of domestic abuse.
    You were either convicted or plead guilty ... thus, legally, these allegations were not "false".

    They said they were issuing a warrant for my arrest for "Domestic A & B" even though my wife made no allegations of any physical abuse
    So ... where dit the officers come up with the "shoving" allegation? They just made it up for grins and giggles? Chances are she described shoving or pushing. Too many people do not understand that shoving IS assault and battery, and it IS domestic violence.

    She went to the police station to see the police report which states physical abuse occured (shoving), talked to the police officer who filed it, explained her emotional disorder that she never should have called and asked him to fix the report. He refused.
    Of course he did. I don't know about your state, but in mine it can be a crime to alter a report. Plus, in more than 75% of all DV cases, the victim recants or changes their story - sometimes even to the point of risking jail for perjury o amking a false police report. Odd that the victim will risk jail for their abuser, while the abuser will gladly allow the victim to do so ... that's "love". (Note: I am NOT saying that is what happened here - only that it happens.)

    She accepts that this is her fault and said she would even let them charge her with filing a false police report if needed. I think she would get deported if that happened though.
    Possible, though not likely.

    Can she add a statement to the police report?
    She can ask to do so, but they do not have to allow her.

    Can she settle this without me being arrested or violating my probation?
    That's between her and the DA if the case ever gets forwarded to the DA.

    Now that the wheels of the system are turning, can we stop them or is it too late?
    Perhaps if you hired an attorney to act on your behalf something could be worked out.


    - Carl

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