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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23585
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My nephew called the police on my son in a car

Customer Question

My nephew called the police on my son for being in a car drunk. My son was arrested.after my son was released from jail he called his cousin(who) called the police a snitch.My brother in law(who is the father of the person that called the police on my
son, then threatened to me to perform bodily harm to my family. I filed a criminal charge against him. The county attorney stated in a letter to me in response to my criminal complaint that there was not evidence to charge my brother in law but that if my
brother in law choose to file a criminal charge for retalition on me that a jury would more than likely rule in his favor.I am scared and don't know or understand what the process the county attorney can do. Can he have me arrested or will I just receive a
letter to appear in court. This is in the state of Kentucky and retaliation is a class D felony.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal attorney.
The county attorney did not say whether he intended to encourage your brother-in-law to file a criminal charge against you, nor can any lawyer, prosecutor or otherwise, accurately predict what a jury will do with evidence.
If your brother-in-law did indeed threaten your physical safety and that of your family, then you were entitled to bring charges.
Do you have reason to believe that the prosecutor's letter was anything other than informational? From the way you word this, I'm frankly not convinced that you're going to be charged with an offense at all.
Here's the statute for retaliation, and the facts that you have mentioned here don't make it out:
http://law.justia.com/codes/kentucky/2011/524-00/524-055
In answer to your question, if you are charged with a crime, you could either be arrested or receive a notice to come to court. There's no immediate emergency and your whereabouts are known. In my experience, the letter would be more likely for a situation like this.

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