Hello, a former friend of mine assaulted me yesterday and I never laid a hand on her. But she told the cops I hit her even though I had witnesses, The cops didn't believe me. They wanted to take me to jail until she dropped the charge. Then she called and continued to harrass me, so I called the cops and reported it. They then told me that we would both be arrested for battery. They didn't even care that I had not done anything.
Country relating to Question: United States
State (if USA): Indiana
This is the first step I have taken. I was told to go to the prosecutor's office to file charges but I know they will not find her since she is homeless and I was trying to help her out. Plus there is still the threat of them charging me for somehting I didn't do.
What is your question for a legal expert to answer? Thank you.
I need to know what I can do. I don't want to end up in a situation where I end up going to jail for something I didn't do just because cops want to believe that women don't assault women.
I hate to say this, but you might be better off letting this go. As an attorney focusing on criminal law, I nearly always encourage victims to report criminal activity. However, in your situation, the police have clearly demonstrated that they are considering arresting and charging you. If you continue to push the matter, that may very well happen.
As far as contacting the prosecutor's office, I don't know that I would be terribly concerned about their involvement. As a general rule, it is the police that make the initial decision as to whether or not to effectuate an arrest and then the prosecutor only becomes involved where an arrest did happen and they then determine whether to formally file charges.
BotXXXXX XXXXXne, the risk does not seem worth the potential reward as a prosecution against the former friend would likely not lead to significant penalties against her anyway.
Please let me know if anything requires clarification.
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Unfortunately yes your information was not any help. I am now scared that if she pulls this stunt again. I will end up in jail just because the cops won't believe me. I have to depend on city transportation to get me back and forth which she also rides. Which means if we end up on the same bus and I don't realize it. I could end up getting hurt there or some where else.
While I cannot predict the future, my expectation would be that, if you let this go, the issue will fade away. Again, this is speculative, but the police have apparently completed whatever "investigation" they intend to complete and, as such, would consider this matter closed. So long as you do not bring it to their attention again, it likely remains closed from this point forward. While this does not lead to an arrest of your former friend, it also prevents your arrest as well.
If you have other questions on the matter, please let me know.
I have 15 years experience in the legal field, currently specializing in criminal and family law
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