Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My then boyfriend (now husband) was arrested 2/28/2011 for

 

Customer Question

My then boyfriend (now husband) was arrested 2/28/2011 for what is now still a pending domestic violence case with his ex-wife. Apparently, after the alleged incident he tried to commit suicide by drinking bleach. He called his best friend to say goodbye and tell him why he drank the bleach, and his friend talked him into going to the hospital and that it wasn't worth dying over. He went to the hospital and checked himself in saying he "had poisoned himself". They gave him a bucket to throw up in while they waited to get him into triage. Before he could get in, an officer saw him through a window and motioned him to come outside. He wasn't trying to get in trouble so he went out and the officer arrested him on the spot. He tried to tell him why he was there, but the officer wouldn't listen and brought him back to the station to book him. While being there he finally got them to listen about the poisoning of himself, to commit suicide, and that is the reason why he was there. They then informed him his ex-wife had been brought there too and that is why they had believed he was there, but they never even tried to find out from the hospital why he was there. They eventually (2 hours later) brought him back to the hospital where he was treated for attempted suicide and brought to a mental facility until he was cleared to be stable for release. Is it illegal to coax someone who is seeking medical attention out of an emergency room and arrest them without finding out why they are there? Is this considered inproper arrest? Is there anyway to handle this legally? is it illegal?

 

Optional Information:
Country relating to Question: United States
State (if USA): New Jersey

Already Tried:
To report to police dept. they sent to county for investigation and the officer was not charged. Investigation was kind of laughed off since his ex-wife's brother-in-law is the head of internal affairs.

Submitted: 287 days and 12 hours ago.
Category: Legal
Value: $79
Status: CLOSED
Picture
Expert:  NateLawAnswers replied 287 days and 12 hours ago.

Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

This would certainly be considered violating procedures. You made the complaint, and unfortunately, nothing came of it because the relationships involved.

If he had suffered damages from what happened, he would definitely have a lawsuit against the department. The issue, though, is that even as his rights were being violated, he has to show that damage occurred in some way to get a recovery.

The case is still worth pursuing. This would be bad PR for the police department once this gets out. I suggest you contact some local attorneys and explain the situation. All you need is one lawyer to agree to take it on a contingency.

If you don't know of a lawyer to talk with about this, go to one of the lawyer referral services listed by the American Bar Association. You can do that here

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=NJ

Please remember to only rate my answer when you are 100% satisfied.  IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have.

I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces.  If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you.

Thank you,
Nate

Customer replied 287 days and 12 hours ago.

Relist: Incomplete answer.
If the expert could just say whether or not this is considered inproper arrest I would be satisfied.

Accepted Answer

Picture
Expert:  NateLawAnswers replied 287 days and 12 hours ago.

Yes, it would be considered to be improper. The proper thing to do if there was to be an arrest would have been for the officer to enter the ER and determine his medical status first. The officer would then be allowed to supervise and watch over him until he was released from the hospital.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 5885
Answered: 6/30/2012

Experience: Over 8 years of legal practice.

Ask this Expert a Question >
 
Tweet

6 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
hello again. I need some additional input concerning how best 4/10/2013
Hello I helped my boyfriend financially to clear up some 4/10/2013
I have been employed for 16 years with a major Mass based co 4/10/2013
I was injured at work in a fall from a piece of heavy eqipment3/21/13. 4/10/2013
im being sued by a person from paypal. She sold a conterfeit 4/10/2013
Today when I attempted to file my taxes, I was surprised to 4/10/2013
I have an LLC which currently, in addition to the services 4/10/2013
I went to the hospital because I overdosed on Advil. All I 4/10/2013
My 17 year old daughter has a friend that will be graduating 4/10/2013
I signed a Roofer's General Contractor's Insurance Claim Assistance 4/10/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
104 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC