Legal Question in Criminal Law in Massachusetts

Filing charges against those who charged me

g/f calls PD trying to have me arrestd, says I violatd her Dr./patient confidentialty because I calld her Dr. re her use of Rx drugs that cause birth defcts that she refuses to stop taking, she was pregnant at time. I was defending my unborn son from harmful drugs. Police say they can't do anythng abt my call to her Dr, but to instd call them in future and say I'm harming her. She does 1 mo. later, I'm arrsted, her old b/f moves in same night I'm hauled off. I take her to court and hearing gos in my favor, SHE is charged with dom a/b. 1 Hour after court she calls PD again, say I violatd a restraing ordr. What she did not know was that at about that same time I was still in the court clerks office filling out paperwork. Police, based only on her accusation, place a warrant for my arrst, not knowing I'm still in court. I'm arrested at work a few days later (I live in diffrnt city). Eventually all charges against me shown to be lies, and droppd.

I'm angry that no one cared about my unborn son, were more concerned about her right to take harmful drugs, and try to railroad me. Can I file charges againt PD for advising her to file false chrgs? Can I file chrge for them placing a warrnt for my arrst based solely on her word?


Asked on 11/27/06, 7:20 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Filing charges against those who charged me

No.

You cannot charge the police for carrying out their duty reasonably.

What you can do is file a complaint regarding her filing a false police report, and abuse of process.

You also have available to you a civil action.

You should also be careful, given what you have told me.

You are welcome to contact me with any questions.

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Answered on 11/27/06, 7:52 pm


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