Sunday, February 7, 2010

False arrest?

Regarding the question I asked earlier about being arrested for a crime you didn't commit; who files the charges against the person who lied? In this case the ';victim'; gave a written statement to the DA that he lied. Do they go ahead and press charges, or is it up to the real victim to do it?False arrest?
Typically the district attorney would take care of that.





If you are the person who was wronged you can certainly call his office to check on the status of the case and find out if that is happening.





You are also within your rights to file a civil lawsuit against the person who made the statement and got you arrested. Wait until after the criminal trial against the person is over before you do this though. Please don't try to include the arresting officers in any lawsuit though. They were just doing their job and acting on good faith based on their complaint. You wouldn't be successful against them but the lawsuit alone isn't fun for anyone.False arrest?
up to the DA
The DA can press charges immediately from the state once they receive information from the police about it. But he would have to be arrested and charged with a crime first. If that doesn't happen, the victim can go after him in a civil court and seek reperations for mental and emotional damages. Either way, this should see a court room eventually.

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