Legal Question in Criminal Law in California

A posible false reports leads to police mistreating uninvolved civilians

I have family who was recently arrested.After the apparent crime took place, her friends had driven her home.They were parking outside, down the block about 2 houses away, where Police had seen their vehicle, & proceeded to pull over the car that had been reported over the radio. As far as I know, and what I've been told from police officers, they did not know originally that they were outside one of the suspects house.Now me & 5 other members of my family were inside the house when we heard a loud commotion outside.Naturally we all come out of each others rooms one--name removed--one meeting in a center point of the house, as if to say ''anyone know what's going on?''We go outside in the backyard to see and open our fence to the driveway where at least 30 officers were posted with all kinds of weapons.Immediately me and my mother were targeted--name removed--their guns, while other civilians were around the immediate area not being threatened (we have pictures).The credibility of the victim is now in question.We are fighting to show the story was fabricated into a felonious crime, and also would like to know if we were mistreated--name removed--police officers.We have many pictures of the incident to help explain things in person


Asked on 5/28/09, 9:50 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: A posible false reports leads to police mistreating uninvolved civilians

Any defenses, testimony and evidence available will need to be used in appropriate motions and pleadings in defense of the charges. 'Chatting' about them now, and getting sympathy or informal hints and tips, is not doing you any good. Without a thorough review of all the facts, charges, police reports, witness interviews, etc., no one can give you an 'opinion' of any value. If you're serious about getting legal help in defense of the charges, feel free to contact me. If you intend to represent yourself, then start living at the law library to try to learn what you need to effectively practice law sufficient to go up against professional prosecutors who are trying to put you in jail.

Read more
Answered on 5/29/09, 4:10 pm
Joe Dane Law Office of Joe Dane

Re: A posible false reports leads to police mistreating uninvolved civilians

And - what's your question? Can this be used to exonerate the arrested person? If you can show the charges are false, of course it will help out.

Are you complaining about mistreatment by the officers reacting to the information they had and what they did? It depends on the nature of the dispatch, but if they were there for a report of a violent crime or one that involved weapons, their reaction might be justified.

Are you asking if you have a case against a person for falsely reporting a crime? Maybe, but you would have to prove they did so maliciously and that you sufferred damages as a result to make the case economically viable to pursue.

This is the best I can do without a more thorough review of the facts.

Read more
Answered on 5/28/09, 10:17 pm


Related Questions & Answers

More Criminal Law questions and answers in California