What to Do After False Assault Charges and Unwanted Arrests?

Question from Vic, What to Do After False Assault Charges and Unwanted Arrests?

Answer from AI:

The situation you’re describing is complex and involves multiple legal issues, including assault charges, obstruction of justice, and potential violations of a protective order under the Family Violence Act. Here’s a breakdown of the key points and steps you may need to consider:

Understanding the Charges and Legal Process

1. Assault Charges and Obstruction of Justice:

   • If your boyfriend was charged with assault based on the incident at your neighbor’s house, the prosecution would typically need evidence to prove the case. This could include witness statements, medical records, or other evidence.
   • The fact that you wrote a letter asking not to prosecute him could be relevant, but prosecutors often have discretion to pursue charges even if the alleged victim doesn’t want to press charges.

2. Family Violence Act Violation:

   • The Family Violence Act is a federal law that protects victims of domestic violence. If a protective order was issued against your boyfriend, violating that order (e.g., by being in contact with you) could result in additional charges.
   • You mentioned that you’ve been together for 18 years, which could complicate the situation. The court may consider the nature of your relationship and whether the protective order is still enforceable.

3. Warrant and Arrest:

   • If a warrant was issued for your boyfriend’s arrest, it would typically be based on probable cause that he violated the law. The fact that the warrant was served at the same address where his brother had a previous warrant could indicate that law enforcement confused the two individuals.
   • You may need to challenge the validity of the warrant and the basis for his arrest.

Steps You Should Take

1. Consult a Criminal Defense Attorney:

   • This situation is too complex to navigate without legal representation. A criminal defense attorney can help you understand the charges, the evidence against your boyfriend, and the best course of action.
   • The attorney can also investigate whether the warrant was legally valid and whether there was any misconduct by law enforcement.

2. Gather Evidence:

   • Collect any documents or evidence that could support your boyfriend’s case. This could include:
     • The letter you wrote asking not to prosecute him.
     • Any communication or records showing that you and your boyfriend were not supposed to be in contact (if a protective order was in place).
     • Evidence that the warrant was served incorrectly (e.g., if it was intended for his brother).

3. Understand the Role of the Neighbor:

   • If your neighbor was involved in the incident and has connections with law enforcement, it’s important to understand their role in the charges. Your attorney can help determine if there was any improper influence or misconduct.

4. Child Support Court and Other Legal Matters:

   • If your boyfriend has other legal obligations, such as child support, these could be separate from the criminal charges but may still impact his overall legal situation. A family law attorney can help address these issues if necessary.

Important Considerations

• Protective Orders and Restraining Orders: If a protective order was issued, it’s crucial to understand the terms and whether it’s still active. Violating a protective order can lead to additional criminal charges.

• Double Jeopardy and Dismissed Cases: If the case was supposed to be dismissed but hasn’t been, your attorney can help clarify the status and ensure that your boyfriend’s rights are protected.

• Police Misconduct: If you believe the police acted improperly, either in the initial arrest or in serving the warrant, your attorney can help you file a complaint or seek remedies for any violations of your rights.

Conclusion

This situation involves multiple legal issues that require careful navigation. While it’s important to take immediate steps to protect your boyfriend’s rights, it’s equally important to seek the advice of a qualified criminal defense attorney. They can help you understand the charges, the evidence, and the best strategy to defend against them. Additionally, if you believe there was any misconduct by law enforcement or improper influence by your neighbor, your attorney can help you address those issues as well.

For more information on your rights and the legal process, you may want to visit the American Bar Association website or consult with a local legal aid organization.