Legal Question in Criminal Law in California

Citizens arrest - Battery

My question is in regards to a citizens arrest. I bailed out a friend involved in a fight. My friend says the other person started this fight however that person called the police after a ''citizens arrest'' and my friend was taken to jail. There are no witnesses other than the two involved. However the person who started this is unaware that the whole incident was recorded on a security camera tape. My question is this - can my friend have the other person arrested - can he perform a citizens arrest now? This happened one week ago.

Thank you. Also I understand he will be arraigned, this is a misdemeanor battery charge - what happens if/when he pleads not guilty - some sort of trial, does he get the chance to present evidence?


Asked on 8/26/04, 1:29 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Citizens arrest - Battery

Anyone can initiate a citizen's arrest; the police are somewhat obligated to comply with the demand. The risk is to the complaining party - if they can't or don't successfully prosecute the case, it opens the door for the victim to file a lawsuit for false arrest, malicious prosecution, abuse of the court system. IF the complaining party has enough assets or income to provide a source to collect from, then it might make sense to file such suit. If he has nothing, then that is what you will collect for your trouble. Contact me if you think it is worth pursuing and you are interested in doing so.

Read more
Answered on 8/26/04, 2:29 pm


Related Questions & Answers

More Criminal Law questions and answers in California