Legal Question in Criminal Law in Minnesota

A family member of mine made a police report that she believed that my boyfriend had assaulted me and the officer talked to me and I explained that nothing had happened and that I was fine. There is an open domestic assault case against my boyfriend now with me as the victim and the prosecuting attorney is stating that he has a copy of the police report that my family member made and is attempting to use it in the current case. Is this possible?


Asked on 12/29/15, 3:50 pm

3 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

I do not quite understand why you would think that such an occurrence would be impossible.?? As an 'alleged crime victim', you yourself may receive the assistance of an attorney. Since you post implies that you take issue with alleged 'facts', I urge you simply to secure a seasoned, very well-experienced attorney for yourself & she can assist you & advise you in great detail in light of the full facts. One good reason to seek attorney assistance for oneself may be when a person knows they have a strong emotional reaction to what is occurring. Urge: Be wary of 'free advice'. You seem to care very much for your BF: Best to you, & your BF, once all of this is behind you !!!

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Answered on 12/30/15, 2:41 am
Samuel Edmunds Sieben Edmunds Miller PLLC

Yes this is possible. The police may believe that they have sufficient evidence based only on the family member's statement. Now your boyfriend is charged with a serious crime. Your assertion that he did not in fact assault you will be very helpful going forward. However, he needs an experienced criminal defense attorney to help him through this thing.

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Answered on 12/30/15, 6:46 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Criminal charges are always possible if there was a witness complaint, whether that was you or a family member. Your boyfriend should make no statements to police and should immediately retain counsel.

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Answered on 12/30/15, 9:19 am


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