Legal Question in Criminal Law in Washington

Enlisted man falsly arrested.

On Oct. 2nd my husband and I were argueing loudly. I went to our bedroom after we had finished arguing. After the argument was over he hit the laundry closet door. I came out of the bedroom later and he said he was going to go for a drive. I was unaware of the closet door at that time. After my husband left the police arrived and came in unannounced and uninvited. One officer noticed the door and asked what happened. We then proceeded to tell him. One of the officers stepped outside and shortly there after my husband came home. The officer that was outside asked him have a seat on the stairs. My husband said that he'd rather stand if that was okay. The officer said that it was fine. The officer that was inside the apartment then forcebly pushed his way past me and my roomate, forcing us into a wall, to go outside, when there was plenty of room for him to go around and there was no threat, nore any need for that kind of urgency. He then grabbed my husband and spun him around and slapped the cuffs on him. My husband is now being charged with Malitious Mischief in the 3rd degree/Domestic Violence, and there is also a no contact order placed on him. Please reply. In need of legal advice, these the charges could hurt his career.


Asked on 10/13/06, 3:58 pm

2 Answers from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Enlisted man falsly arrested.

This is indeed a serious matter in that your husband is in the military. Conviction of a domestic violence c harge carries with it all kinds of restrictions, including no right to possess or own firearms. He shoul dnot plead guilty by any means. What did you exactly tell the officer about the laundry room closet door? Obviously, one of your neighbors called the police but they never saw anything, only heard loud arguing. You never saw the laundry door being hit. Did your husband tell the police he hit the door? This gets complicated very quickly. Get the advice of an attorney NOW before this matter gets out of hand. You also have the no-contact order to deal with. Call if you wish todiscuss this matter.

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Answered on 10/14/06, 5:50 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Enlisted man falsly arrested.

I am sorry to hear of the trouble your husband is in. Anytime the police become involved things have a way of getting out of control. The bottom line is that breaking anything in the heat of argument with your wife is what they have charged. That said, it doesn't make it easy to prove the charge against him. We should definitely get together and talk about this. Where are you located? Contact me directly.

At your service,

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Answered on 10/13/06, 4:41 pm


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