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Two part question: Can an adult file simple assault charges…

Two part question: Can...

Two part question: Can an adult file simple assault charges on behalf of another adult who is of sound mind/body & not disabled? Can an adult file simple assault charges on behalf of a minor who is not the adult filer's child nor under the adult filer's guardianship ?

Lawyer's Assistant: Do they have any upcoming court dates on the assault charges?

No, the adult who filed charges against another adult did on behalf of an adult & a minor

Lawyer's Assistant: In what state did the assault occur?

Ms

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Customer reply replied 1 month ago
I recently found out that simple assault charges were filed against me. The charges were filed maliciously by a family member. The family member filed the simple assault charge on behalf of a minor child & is not the child's parent nor the child's legal guardian. The family member also filed another simple assault charge on behalf of his adult girlfriend who can speak/write for herself but claimed she was a minor as well. This all stems from retaliation due to the filer thinking/believing I stole his sunglasses without any proof. I know the filer attempted to file for the sunglasses & was refused so the next step was to say I assaulted his girlfriend & her son but he listed the girlfriend & son as minors.
Answered in 7 minutes by:
3/15/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,900
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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Give me just a moment to review what you've written.

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It is perfectly legitimate for Person A to file a police report (not file charges - only the prosecutor files charges) on behalf of Person B and Person C.

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Customer reply replied 1 month ago
If he listed them as minors are the simple assault arrest warrants valid? & If they are invalid can I pursue the adult who filed for filing a false police report & being arrested under these false statements?
Customer reply replied 1 month ago
Right but how can one file a report that's false on the behalf of another adult?

Yes, you certainly can pursue civil charges for defamation if someone slandered you.

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Customer reply replied 1 month ago
It is my understanding that the simple assault charges is an unforunate automatic arrest warrant once a police report is filed

There are no "automatic" charges... a prosecutor has to say that charges are warranted.

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Anyone can file a police report for anything - but it doesn't mean it will lead to charges. Remember, someone can't "file charges" - only the prosecutor files charges. Someone can make a police report and that may lead to investigation, but only if the prosecutor's office deems it warranted will someone be charged. Does that make sense?

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Customer reply replied 1 month ago
An investigation never took place. Charges were filed without proof which is pretty ridiculous.
Customer reply replied 1 month ago
Basically I'm being told, in Horn Lake, MS that I can go file a report on anyone & they send it to the judge via the prosecutor I suppose & request an arrest warrant.

No - charges would only be filed with proof. No prosecutor wants to lose and filing without proof is a sure way to lose.

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And if charges were filed you will have an opportunity to defend against those charges.

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Customer reply replied 1 month ago
It's silly, I will beat it but now I need to know how can it even be done if the person who filed the police report did it on behalf of persons of no relation to him. So, this is simply a judgment error on the police department & other parties involved. The poIice station said I can file a report against my nephew as an example if he directly assaulted me but if I witnessed him assaulting someone else the assaulted person has to make the report unless the person was a minor & even then it has to be the minor's parent or guardian. Is this true so I can fully understand you & I are on the same page.

Here's the best way I can explain this to you... imagine you have a homeless man being beat up on the street and several bystanders witness it and go to the police and file a police report. The homeless man didn't come in - but the report can still be filed and the police WILL still investigate b/c their job is to investigate things like that. Not everyone reports a crime. But that doesn't mean a crime wasn't committed. Imagine if they didn't investigate and something bad/worse happened... I'm sure you don't have to look much further than the news to see instances where bad things may have happened if an investigation wasn't done (and even if it was). I hope that at least clarifies things... so yes, it's a giant pain to have to fight something you know not to be true - but just realize you do have some options on the tail end once you're found innocent. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Customer reply replied 1 month ago
That makes better sense.
There wasn't an investigation so why it went straight to simple assault charges without proof (no medical, no black eyes, bruises or otherwise) seems pretty unjust. Last question, I promise, so once it's tossed how do I get the arrest record expunged & I'll also need to file slander charges against the filer.

Okay, so once the charges are dismissing and/or you're found not guilty you'd go to the court clerk and ask for paperwork regarding expungement. And as far as slander... that would be a civil suit that you could file at any time (though people frequently wait to be found not guilty since it gives them more evidence to use). But you don't have to wait on that. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,900
Experience: Partner at Kent Law Group, LLC
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Customer reply replied 1 month ago
Great thanks

Thanks so much for your rating!
If I can ever be of assistance in the future, you can reach me directly by clicking HERE
or asking for me directly by putting THIS QUESTION IS FOR OLIVIA before typing your question.

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