Legal Question in Criminal Law in New York
Help
When someone files a criminal complaint against you
my first question: Why is it that the police takes the word of the complainant and arrest the person without doing an investigation?
Second Question: How can an innocent person that was wrongly arrested and the case was ''dismissed'' get their reputation back?
Asked on 5/12/06, 12:03 pm
1 Answer from Attorneys
Valerie Masters
Valerie Masters, P.A.
Re: Help
The state only needs probable cause to arrest and the vidtim's word is enough. The DA determines if they can proceed with proof beyond a reasonable doubt. Loss of reputation requires a civil action and you would have to show the victim or police acted in bad faith, which is hard to do.
Answered on 5/12/06, 1:08 pm
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