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RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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What is the procedure in making arrest for assault

Resolved Question:

What is the procedure in making arrest for"assault?"

Do this citizen have grounds for a lawsuit.i say yes,but need your honest opinion here thank you.and i am farrah.

set of fact(s)are as follows,(going by a transcript and documentation)today thank you..

on or about Oct.25 2010:

1.Dad was arrested for striking his child yet no incident even ever took place.child is 18.

2.child was told to say this by the new spouse(of the child mother)to"get back at dad"from the past,whereas;dad allegedly "discipline"child growing up few times spanking etc. no abuse. was arrested,booked,humiliated,naturally,embarassed,feel
he was falsely arrested due to police state,"we are arresting you under the'Domestic Violence Act,since your kid name is XXXXX XXXXX

a "active restraint order?"(that his ex wife has from when child was under 18)etc. when they were going through a bitter custody fight
for years,and inform dad how"he has evidence"to support the child statement/step dad statement such a video recording of statement by kid,that dad strike him hard causing bruises
yet NO photos,were taken.Flagrantly the COP LIED.

Nor a signed statement sby Kid,as cop said during arrest,again the police officer lied.

Cop also adds,"a video statement by the young man"age 18,

yet NO video produce either.

Dad has to post bail.was detain for up to seven hours,fingerprint,mugshot,charge with assault.Yet cop has as your reading NO evidence supporting such arrest of the father.

based on the aforesaid i feel there is enough here,
for lawsuit to be number one filed,as later,if not settled,

that such material fact,of lieing on video,pix taken of serious injury to the 18 year old prompting a "arrest" etc.

could permit any reasonable jury to find that probable cause was clearly lacking for each of the charge,involved,Because the cop LIED about having video tape,a SIGNED confession,based on what
the child allege to have told cop,also lie on having pix,showing such "serious"injury the police docs state in addition,adaging

how photos were taken yet NONE presented at court,NOR the officer,

Later case dismiss.

The adult child, never show up,and we are talkin bout 5 hearings here.

NO one ever showed even though it took four police officers to arrest him at his home in oct.2010.
No officer showed.

The case was just recently dismissed.Prosecutor adage we have your honor,decided on not"prosecuting this individual'so we are moving to dismiss the charge
of"assault"as we have advise defendant attorney ___.

CASE DISMISS finally against the dad just last week.


Is there a fourth amendment/false imprisonment claim here,and what is police procedure
BEFORE making a arrest thank you.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 5 years ago.
Good afternoon, thank you for your question.

Honestly, it's hard to say from limited facts. You would need to have a lawyer look over all the police reports, court documents, etc. and properly advise you. That said -police only need probable cause to arrest someone. That's a low standard, basically equal to a "reasonable belief" that a crime has been committed. However, it is the prosecutor who decides whether to actually file charges, and their burden of proof is much higher -they have to prove guilt beyond a reasonable doubt, which is hard.

Police can lie to suspects/defendants, especially if they want them to talk. Courts have said police can lie to defendants in custody. It happens all the time -police will tell a defendant that "so and so" was a witness or allege that they have boxes of evidence and a strong case against them, for example. Not illegal.

Going back to probable cause for arrest however, if the 18 year old was allegely an assault, there should have been visible injuries -bruising, cuts, blood, etc. maybe even defense wounds. If he was uninjured, I don't see how the police can arrest him for such a charge, and that's probably why the prosecutor dismissed the case, because there simply wasn't enough evidence to get a conviction, and they knew that.

If there was no evidence to support the arrest, that is a basis for a claim against the police. Possible claims may include false arrest, false imprisonment, malicious prosecution and negligent or intentional infliction of emotional distress.

Please let me know if I have not fully addressed your concerns.

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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 11400
Experience: Experienced in multiple areas of the law.
RobertJDFL and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
oh thank you!
my consensus to the family today was then accurate.thx again,and just as a overall last statement of fact to be more unambiguous:

1.NO pix,that would have been taken(as officer said THE PHOTOS is what supported him "arresting"the father,for "assault"and taking him to jail.

2.NO video(showing bruises of the child (man)age 18.none whatsoever.

3.officer says,"statement"by child was also"sign"but yet statement was not sign,nor was there any pix,nor video taken.

4.NO hospital report(s)no E.R. no EMT called to assist in such assault.

i think this here alone support father claim correct?"

Expert:  RobertJDFL replied 5 years ago.
Yes, I would agree that all of those things are indicative of the officer not have any probable cause to arrest.
Customer: replied 5 years ago.
yes,the father,is going to sue,pro-se,and or 2 atty.has already shown interest as the attorney told me,"what your essentially saying"so thank you,as the main point is,"where are the pix?"where is the video of bruises?

why wasn't child taken to the hospital?

all these factors,are jury question if not settle,the attorney saying,as i am sure you agree.

Expert:  RobertJDFL replied 5 years ago.
I do agree, I'm not sure why an officer would arrest the father in such a situation.

I would, however, encourage him to have a lawyer represent him. Litigating these types of cases are challenging enough. It's good ot know lawyers have expressed interest in the case.

Please remember to press ACCEPT. Thanks!
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 11400
Experience: Experienced in multiple areas of the law.
RobertJDFL and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
thank you i accept.thx rob.night now.
Expert:  RobertJDFL replied 5 years ago.
Goodnight, and thank you. I wish him the best of luck with everything.

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