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I recently found out that simple assault charges were filed…

I recently found out that...
I recently found out that simple assault charges were filed against me. A family member maliciously filed a police report on behalf of a minor child & is not the child's parent nor the child's legal guardian & on behalf of his adult girlfriend who can speak/write for herself but claimed she was a minor as well. How would a police report that had no proof of bodily harm & no police investigation even if proof was submitted result in a simple assault arrest warrant for these charges? This seems unjust & do I have recourse against the police department & the person who filed the false report?
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Customer reply replied 1 month ago
I think I selected the wrong state. This is for MS.
Answered in 1 minute by:
3/15/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,036
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post and am working on typing your reply.

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To convict you of a crime, the state has to prove you guilty beyond a reasonable doubt. There is no heavier burden than that in all of law. To arrest you on the other hand, the state needs very little evidence. They only need something we call probable cause.

Probable cause is just a reasonable belief that you may have committed a crime. Anyone can report a crime, but there has to be first-hand information that such an offense was committed.

You don't need to cause injury to be charged with a simple assault in Mississippi. It is enough if the police have probable cause to believe you attempted to cause it. Here's the statute under which you've been charged:

https://law.justia.com/codes/mississippi/2010/title-97/3/97-3-7

If you want to fight the case, you would get to confront the witnesses against you and challenge the evidence at hearings and trial. If you win your case ad the evidence supports that the complaints deliberately filed a false report, you should consult with a civil trial attorney to scope out the possibility of a successful civil suit. Alternatively, you could report the family member and seek to get him or her charged with filing a false report.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,036
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 1 month ago
Thanks, ***** ***** is pretty silly, now I have to get this arrest expunged once I'm vindicated as well as deal with the family member in civil court for the false report along with the money I've spent to get this behind me.To clarify, when you say first hand information does that mean the person filing the report had to witness it or was told such?
Customer reply replied 1 month ago
To clarify, when you say first hand information does that mean the person filing the report had to witness it or was told such?

He can just be told such, but it's the actual alleged victim whose testimony would be necessary to convict you. If the person filing the report never saw anything himself, he could not testify to what he heard. The state would need the victim and/or actual witnesses.

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Customer reply replied 1 month ago
Great, thanks again, Zoey

You're very welcome! Good luck!!

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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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