Legal Question in Criminal Law in Massachusetts
Hello, a relative of mine was recently arrested for disturbing the peace and assault and battery. The officer claims that this relative of mine assaulted this other party in front of the police when they were trying to break it up, but the offended part has even admitted privately to not being struck by my relative. I also have reason to believe this officer may have had sexual relations with the offended party and arrested my relative because of this, I also think the arresting officer may be an officer whom is under investigation for use of excessive force for pulling a fire arm on and unarmed suspect. My relative also claims she was forced to remove her sweatshirt while under arrest by the officer because she was told she had to but did not tell her why. Is there any legal president that can be used here, do we have some kind of case against the officer if he continues to press charges against my relative, so that way we can press some kind of wrongful arrest or some kind of misconduct charges against the arresting officer?
2 Answers from Attorneys
If accurate, then this can be a federal violation where the police officer can be sued.
There may be other options which your relative needs to discuss so that whole range of options can be examined.
Contact me with any questions.
The charge of assault does not require contact only threatening or menacing.
Your relative should retain defense counsel and confide only in that attorney. Good Luck!
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