My friend is being wrongfully charged with 2nd degree assualt against me and it is because 1 I paniced and filed a restraining order 2 I told the officer that responded that al did not want charges pressed and I did not want my pictures taken and he informed me by law I had to there for he was intimadaing to me and know the police report is HIGHLY incorrect not at all what I told him and know a person witha clean record is looking at 11 years and I am trying to help him out. This was a one time case in 7 years that I have known him. PLEASE HELP
2 Answers from Attorneys
As you can see from your own expierence, the system sometimes railroads people. Even if they try to do the right thing. That is why your friend should seek the advice of a criminal lawyer, like myself, to insure it does not happen to him.
Re: wrongfully charged
When domestic violence or abuse of a person involves a police complaint with sufficient evidence then there is a statutory obligation of the state to prosecute. The basis of the state's case lies in the sufficiency of the evidence. Your friend should contact an attorney immediately to ensure protection of rights. Procedural and civil rights attach to criminal prosecution.
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