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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27713
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I called, a man was threaten me an detained me an assault

Customer Question

I called for help, a man was threaten me an detained me an assault me...he was friend's with Police.. In turn I got charged with a DWI/child... I was parked at Target store. My vehicle was off locked. Wife an granddaughter. In store shopping. The man that assaulted me walks.no charge... Please help... No driving at all... An I go to jail ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

The police can make a reasonable assumption that if you had your car in Target's parking lot you drove it there. That would give them probable cause to write you up for a DUI if they had reason to believe you'd been drinking. If your wife and granddaughter were in the store and either one of them could have been the one driving the car to and from Target, they will have a hard time convicting you of the charge.

You should have a lawyer with you when you turn up in court for your arraignment. Hopefully, neither you nor your wife made statements as to who drove the car to target. The charge is a state jail felony for which jail is possible but probation is more likely unless you have prior DUIs. It's also possible that a lawyer can get these charges reduced to a misdemeanor you. If he can't and you made no record to the police that would hurt yourself regarding the driving, this might be a good case to take to trial, assuming that either your wife or daughter is a licensed driver.

Customer: replied 1 year ago.
Can I Sue the Police, for the fact I was threaten an assaulted ,an the man was friend's with the Police... He walked .. So my rights to be protected are gone ?
Expert:  Zoey_ JD replied 1 year ago.

I don't know why the police didn't believe you with regard to the assault. But they don't have a duty to arrest anyone if they don't feel they have probable cause to do so. So you cannot sue them for not making an arrest.

You can report the police officer to his superior, however, to the chief of police and to Internal Affairs. They can investigate and still charge your assailant. They can also, if they find that the police officer abused his authority, suspend or terminate the police officer.