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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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A family argument with my daughter escalated and in an effort

Resolved Question:

A family argument with my daughter escalated and in an effort to have her leave our home we called the police. Once the police arrived, matters seemed to be out of our control. My daughter was arrested and charged with a misdemeanor for assault and domestic violence. The assault charge stems from her slamming a door which I attempted to stop and in the process my finger was caught and bruised. This was accidental which is what I told the police, but they arrested her anyway.

We want to help her in whatever way we can. She has no history of violence or any prior charges against her. She is a teacher and now risks losing her job. What is the best way for us to assist her in this legal matter?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 6 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances.

JB Umphrey :

Are you prepared to have whoever called the police charged with filing a false police report?

Expert:  JB Umphrey replied 6 years ago.
I will be happy to attempt to assist you when you're able to reply to the follow up questions. Thanks!
Customer: replied 6 years ago.
what information do you need?
Expert:  JB Umphrey replied 6 years ago.

Are you prepared to have whoever called the police charged with filing a false police report?

Customer: replied 6 years ago.

There were four of us in the home at the time besides my daughter. We were all interviewed by the police. It was my husband who called but gave little information over the phone. In our interviews with the police I told them that this was an argument that had gotten too heated but that my daughter had not harmed me intentionally. My only injury was because I reached up to block a door she was slamming close.


We repeatedly told the officers that we did not want our daughter arrested and would not press charges. But we were told that it was not in our control that they had to arrest her.


I'm not sure what happens if we claim we filed a false report -- what would our repercussions be?

Expert:  JB Umphrey replied 6 years ago.
As a general matter, the police should not be called under the circumstances you've described. The police do not act as an escort service.

If the police are called to the scene, they are charged to investigate an possible violations of the law and act accordingly. The police then present their information to the prosecutor who will decide if any charges will go forward.

At this juncture, you/the family have no say. Once that phone call is made to the police, it is out of your hands. There's no "take backs" or do-overs.

You can only attend all of her future court dates, and offer your insights to the prosecutor when asked.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
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