Legal Question in Criminal Law in Massachusetts

Rights of someone being arrested

Girlfriend drives to police dept after I phoned her doctor re: her overuse of prescription meds. Tries to have me arrested for violating her ''doctor-patient'' confidentiality. (She was pregnant at time with our son, the meds were very addictive, could have caused birth defects. No regrets there, I did the right thing.) I have proof of my conversation with her doctor, and proof of my ex's reaction 1/2 hour after my call to her doctor, when she drove to police station. Proof of her filing a report at the police station too. Police advised her they couldn't arrest me for that, but to call them if she thinks I am ''threatening'', and they will arrest me. She makes that call 1 month later, sets me up, resumes prior relationship with old b/f after my call to her doctor, he moves in my residence same night police haul me off.

Question 1: When police arrived, it was he said/she said. I asked them (at least 12 times) to take a written statement from me. They refused, only took her statement. Because of them I found myself facing criminal charges, and now have an arrest record, chrgs were later dropped. Second question: Do I have a case for a lawsuit against the police? Seems to me police shouldn't encourage false charges...


Asked on 10/06/06, 8:54 pm

3 Answers from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: Rights of someone being arrested

If I understand you correctly, the criminal charges against you have already been dropped. In any event, I agree with Attorney Lebensbaum's point that you have no case against the police. What you may have, however, is the possibility of a civil lawsuit against your ex-girlfriend for malicious prosecution (or perhaps some other tort). I don't know if you want to venture into that area, but you could certainly consult with an attorney to evaluate the pros and cons of doing so.

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Answered on 10/08/06, 12:26 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Rights of someone being arrested

NON-LEGAL advice.

Just common sense.

A malicious prosecution case takes several years from start to finish.

It is expensive, filing fees, deposition transcripts, subpoenas, etc.

Your GF probably has no money to pay for judgment should you get one.

Police NEVER NEVER NEVER enforce the statute for reporting false allegations to the police. The law favors women in the DV area. The State gets federal $$$$bonuses annually for arresting in such cases. See Dept of Justice grant: Grant to Encourage Arrest-Preferred Policies and the Enforcement of Restraining Orders Programs.

NEVER NEVER NEVER sue when there are no deep pockets to sue. Makes no sense.

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Answered on 10/17/06, 8:22 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

How do I defend my self after being charged with threats?

No.

Unfortunately, your problem is not with the police. Your problem is apparently with your ex-girlfriend. The police have a wide discretion. The police officer probably included what they recalled you say in the police report. Your focus and energy is misdirected. The police in this instance is merely responding to the allegations or report by your ex.

Now that you are facing a criminal charge of threats, you may have a clerk's hearing or an arraignment. I suggest that you contact a criminal defense attorney to assist you. It sounds from what you describe that your ex lets no good deed go unpunished. An attorney will help you focus and direct your attention and resources in more relevant and productive way.

You are welcome to call and schedule a consultation or contact me with any questions.

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Answered on 10/06/06, 10:46 pm


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