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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110425
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In Arizona, on Friday night, my daughter, living in university

Customer Question

In Arizona, on Friday night, my daughter, living in university campus affilitated housing was threatened by her room mate that if she (my daughter) didn't give her, (the roomate) $100 for some item that she was missing, she was going to call the police and report that my daughter assaulted her. (These roomates are placed together by the property management company, and the roomate,( we now know), has a previous history of "difficulties" in other living arrangements at this complex and was therefore moved out of another situation and placed into the apartment with my daughter- with absolutely no disclosure about previous issues) About a month ago, during a late night argument about the roomate and her friends' consistently loud and disruptive behavior, in the middle of the night, the roomate attempted to assault my daughter, and her friends had to hold her back. My daughter immediately reported the situation, and the attempted assault to the mgmt.) My daughter said she absolutely wasn't going to give her any money as she knew nothing of the missing item. The roomate became aggressive as she backed my daughter up against the kitchen counter, yelling, screaming, and flailing her arms in my daughter's face. My daughter pushed her out of her way and ran to her bedroom where she locked herself in and immediately called the mgmt of the apartment, fearing for her safety. The roomate, (who had a friend over at the time), proceeded to call the police and both roomate and friend lied to the police claiming that my daughter had assaulted her. The police arrested my daughter, in spite of the fact that the manager was present and telling them that they "had it wrong" and that they shouldn't arrest her. They said they "had to" arrest her(??), I'm assuming because both other girls were claiming she assaulted the roomate. The roomate has a history of violent / aggressive behavior; my daughter has NEVER been in any sort of physical altercation. I spoke to the apt manager that responded and was with my daughter during the police visit and arrest. She told me the roomate has a documented history of problems at the complex and that, while she couldn't give me the documentation, she could provide it to the appropriate party if legally required. She also told me that they are working on evicting the roomate from the complex. My daughter claims that she did nothing wrong, and is MORTIFIED, and horribly upset by the arrest, being handcuffed, put in jail, etc., and facing an assault charge on her record.
1) How can we get the charges dropped?
2) Can we file charges against this obviously disturbed girl for filing a false police report?

thx for your assistance!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
1) The only way at this point to get the charges dropped is getting your daughter an attorney who will get a notarized affidavit from the manager regarding the call your daughter made to management and also they will get a subpoena for the records of the roommate showing the history of problem behavior. Your daughter's attorney will have to discredit the roommate and her friend.

2) Once your daughter's attorney can get the roommate's story discredited, then it would be up to the DA to review the matter and determine if they have sufficient evidence to charge the roommate with filing a false police report.

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