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a friend had me arrested for saying I hit her with my shotgun.

She now realizes that she...
a friend had me arrested for saying I hit her with my shotgun. She now realizes that she walked into the butt of the gun while I was going out the door. She tried to talk to the arresting officer and let him know it was just an accident. He has threatened to arrest her for filing a false report. She has a history of being mentally unstable without her medication. She was out of her medication at the time of the incident. She has since seen her Dr. and has found out she was also undermedicated. Does she have anything to worry about?? This was in Randolph county Missouri
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Answered in 3 minutes by:
11/8/2012
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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They certainly can file charges on her but realistically they rarely do and in a case like this where there are medication issues it would be unusual if they actually filed.

It is definitely illegal to make a false report but this is a crime that requires "mens rea" or an intent to make a false report. Her perception being off would be an excuse and the DA would know it would be a hard case for them to win with the medication defense.

Please ask any follow ups in this thread.
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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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).

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