Legal Question in Civil Rights Law in California

Recently a neighbor called police in Escondido, CA where we had a home for sale. She told police she witnessed my husband and me in a street brawl. My husband and I have been separated for three months, living apart, and I no longer lived in the home but stopped by one evening to drop off some packing boxes. I was there no more than 4 or 5 minutes when I was assaulted by Escondido, CA police squad of four. I was tortured. I was interrogated. I was physically abused. I have physical and mental disabilities and am elderly. My husband was phoned but his whereabouts were confirmed by his supervisor and manager at this job that he was working late 50 miles away from Escondido. I was detained for over three hours while they waited for him to show up. When they finally left, I phoned the police department to complain an unknown crank caller had falsely accused us of a crime. One officer, very volatile and aggressive, issued me a violation misdemeanor penalty for delaying the investigation. It was my asking of questions that was the only possible delay. How do we file charges now that we know who the culprit was? We know this was a grudge. It was labeled a cased of mistaken identity. No other neighbor saw anything happen. It was all made up. What can we do fo help stop a rash of crank or prank calls to police in our area? People are getting charged with fines and imprisonment. It is a racket to make money from harassing innocent law abiding citizens. It is also injustice. What do I do to have this person investigated for making this false charge against us? My husband and I made a complaint to the police dept. The watch commander came out at around 10 PM and spoke with us, assuring us no charges were filed against us, and that the citation for delaying investigation would be dismissed against me. It wasn't. They issued a warrant for my arrest the day I was to be in court and was in the hospital instead.


Asked on 6/03/10, 10:54 pm

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

You have a right to an attorney to defend you; that attorney will have ideas about how to ahndle the rest. Akeep detailed written records about everything that has happened, noting what happened, dates, times, places, many details. Good luck!

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Answered on 6/05/10, 4:54 pm


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