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Can you believe that I was arrested for calling 911 after…

Customer Question
Hi..can you believe that...

Hi..can you believe that I was arrested for calling 911 after being threatened.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Virginia,in November 2017

Lawyer's Assistant: Have you talked to a lawyer yet?

My court case is in 2 weeks

Submitted: 5 months ago.Category: Criminal Law
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Answered in 2 minutes by:
3/12/2018
Criminal Lawyer: RobertJDFL, Lawyer replied 5 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,326
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. What were you charged with, and why were you charged?

What specifically did you want to know?

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Customer reply replied 5 months ago
False info to Leo. Should I file false arrest?
Customer reply replied 5 months ago
I received a call threatening my family. He told me he was going to bring a gun and kill my Husband and I and kidnap my grandson. He lives 4 hours away, when he showed up at my house, I knew he was serious, so I called 911. They officer said she arrested me because he did not have a gun on his person, but they didn't even check his car.
Criminal Lawyer: RobertJDFL, Lawyer replied 5 months ago

Thank you for your reply.

Without a full case evaluation I cannot properly (nor ethically) advise you whether to file a civil case or not. What I can tell you is that you must wait to file any civil case until the criminal case is resolved. That's because in order to succeed in the case for you need to first win the underlying criminal case. In order to be potentially win that claim, you need to show that the police acted with improper purpose in going after you and that the claim was baseless - they did not have probable cause to bring the case. If youj are found guilty of the charge, then you will not met that burden, and the civil case will not succeed.

Please let me know if I can clarify anything or provide you with additional information.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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