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What can I do here legally? I got wrongly arrested because of an accusation my ex-girlfriend made, Im scared?

  
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What can I do here legally? I got wrongly arrested because of an accusation my ex-girlfriend made, Im scared?

Postby amdt57 » Wed Jun 06, 2012 3:49 pm

3 days ago I was arrested by the police on charges of "Criminal Domestic Violence and 3rd Degree Assault and Battery".

I was wrongly arrested and I do NOT have a criminal record. I still cooperated with the officers and did not resist arrest of anything of the sort. I figured that would just make things worse.

Anyway what happened was that they had an arrest warrant that practically stated that my ex-girlfriend, lets just call her "Miranda" (I don't want to use real names on here), said that the day previous to my arrest, I went over to her home and during an argument I punches her in the face and kicked her several times, and that I also threatened her.

I don't know how but the police officers said that she had a black eye and bruises in her stomach, they even showed me pictures before they arrested me. I didn't understand how. I even showed them my knuckles to try to prove that I hadn't hit anyone recently but it didn't matter to them.

Anyway, I spent 2 days in the county jail before I got bailed out, the bail by the way was 5 thousand dollars. It was humiliating, they made me put on an orange jumpsuit and stuck me in a dormitory filled with a lot of delinquents.

So and I'm being completely honest here. She's lying, I've never hit her and I'd never hit a woman.

She's furious at me because I cheated on her and then when she tried to patch things up I broke up with her and told her not to call me again. I just thought she was too clingy and possessive. But the night that the alleged assault happened, she had called me and asked me to pick up some things that I left at her home, and I went, I barely talked to her and just got my things, but I was over there. Now I'm starting to think she planned it, but I don't know. She must have hit herself or something, to get back at me, or to get me to go back with her or something.

Anyway, what is your advice? This has been horrible for me, I've always respected the law and being in jail and charged with those crimes has been horrific for me, and I haven't handled it well, I've just been drinking since I was released from jail and I'm really depressed. I have a meeting with a lawyer in 2 days but I just wanted to get some opinions beforehand. What can I do here? Could I sue her? I'm pretty sure her lies have to be a felony! On the other hand, she has no proof that I supposedly "hit" her apart from her "injuries" and her story. And on my phone records I can show that before this she kept calling me and calling me a total of about 50 times harrassing me.

The 2 charges are serious misdemeanors and I'm facing up to 30 days in jail for the 3rd degree assault charges, and 90 days in jail for the criminal domestic violence charge.

Please give me advice.
amdt57
 
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What can I do here legally? I got wrongly arrested because of an accusation my ex-girlfriend made, Im scared?

Postby naseem » Wed Jun 06, 2012 3:51 pm

Is there any witness who saw you hit your GF? Is there any proof? If police don't have proof or witness, there is no case then... The police don't have the right to arrest you and you could sue them for wrongfully arrest you.
How about you push her to confess in some way and then record her confession? Maybe by pretending that you give up and want to go back with her... Or something else... just figure it out by yourself
naseem
 
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What can I do here legally? I got wrongly arrested because of an accusation my ex-girlfriend made, Im scared?

Postby gilleabart » Wed Jun 06, 2012 3:53 pm

Lets be honest, you haven't got much of a motive to assault her. You cheated on her, she was the one that was angry. You have no choice but to get a good solicitor who will like you said put up a good argument for you.

Never plead guilty to something you haven't done. I have seen it before where someone has pleaded guilty to a crime they didn't commit, due to fear, and then has seriously regretted it.

You cant really sue her, although, im pretty sure you can charge damages; costs to you, for your solicitor and time off work, which she would have to pay in the case that she loses the court case.

I would defo not have any contact with her, as if she is smart enough, she could make it a lot worse!

So get a good solicitor, and wade through it.

Very sorry to hear you are in such a situation.

I hope that has helped!
gilleabart
 
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