Legal Question in Traffic Law in New Jersey

illegal arrest?

my wife and i were driving , we got into a small argument and she tried to get out of the car but i didn't let her.

someone called the cops in the middle of the road , and minutes later they stopped us , they tried to trick us into turning against each other. in the end they saw some minor scraches on my neck and decided against my will to press charges on my wife bacause of this. my question is can they arrest her with out reading her her rights can we sue the police dept. the caused emotional stress to my wife she's 5 months pregnant

thanks


Asked on 2/17/05, 1:43 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: illegal arrest?

Regarding the reading of her rights to your wife, that only applies in situations where statements are given by people under arrest and the police want to use those statements against them. That is why the first part is "you have the right to remain silent; anything you say can and will be used against you". Regarding traumatizing your wife, the first thing that would have to happen is that she would have to beat any criminal charges against her. Once that is done, she would have to be able to show that the police acted in an unreasonable manner by arresting her. With the evidence of a fight I think it would be hard to prove that the police acted unreasonably. I am an attorney who has handled many cases similar to yours in the past in various courts in New Jersey. Please give me a call at 908-272-0111 to discuss this case in more detail. There is never any charge for simply discussing a case with me. Thank you. Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Read more
Answered on 2/18/05, 9:03 am
Gary Moore Gary Moore Attorney At Law

Re: illegal arrest?

The police operate under strict domestic violence

guidelines. If they respond to a complaint of physical violence and discovery the people are married or live together they MUST the person who is NOT injured.

It is unfortunate that your wife was traumatized as you have described but she and you do not have an actionable claim/

If you feel that you want to hire an attorney for your wife's criminal charges you should call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Read more
Answered on 2/17/05, 2:15 pm


Related Questions & Answers

More Traffic Law questions and answers in New Jersey