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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27992
Experience:  10+ years defending Misdemeanor and Felony cases.
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My son was arrested assult charge in az, while case was in court the victim f

Customer Question

Hello, my son was arrested for a assult charge in az, while case was in court the victim filed a police report stating that my son broke order of protection 2 times by one threatening phone call, and going to his house demanding a letter of dropping original charge and while in court my son did the slicing of the throat motion. Police officer watched court tape. Was not true. Going on property and phone logs proved he didn't call. Officer said victim woukd be arrested for filing false report. It's been 9 months and he hasent been arrested. Police report was going to be used in trail to impeach the victim in the assault case. So it was clear he lied to get my son more criminal charges.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 years ago.
Good morning. I am sorry to hear about what your son is going through. Would you mind sharing with me exactly what your question is, so I can make sure I provide you with the proper information?
Customer: replied 2 years ago.
Should we contact the police department regarding the false report? And is there a statue of limitations in az for this crime?
Expert:  CrimDefense replied 2 years ago.
Thank you. Yes, you can speak with them about the filing of charges, as a result of the false police report. This is a crime against the State, so it is at their discretion if they want to proceed and prosecute. Even if they do not, it can still be used against the victim at trial, to impeach them and attack their credibility. Since this is a misdemeanor, there is also a 1 year SOL as well.
Customer: replied 2 years ago.
Being report was 3 accusations. It still would be 1 misdemeanor? I understand the state would decide to prosecute however don't they have to arrest him?
Expert:  CrimDefense replied 2 years ago.
Yes, if all the statements were made in one report, it would be one charge. However, if he did this 3 different times, then they could file multiple charges, since they were separate incidents. As far as the arrest, they could actually file the charges and issue him a notice to appear. Since it is a misdemeanor, they do not have to physically arrest him.
Expert:  CrimDefense replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!