629.341 ALLOWING PROBABLE CAUSE ARRESTS FOR DOMESTIC VIOLENCE; IMMUNITY FROM LIABILITY. * HELP PLEASE

Asked almost 2 years ago - Minneapolis, MN

THE OFFICER WAS NOT ACTING IN GOOD FAITH AND WAS NOT EXERCISING DUE CARE IN MAKING A PROBABLE CAUSE ARREST ON ME FOR (5TH DEGREE DOMESTIC ASSAULT), VICTIM ADMITTED TO THE ARRESTING OFFICER THAT SHE GRABBED MY ARM TO TRY AND GET MY PHONE (THIS IS 5TH DEGREE ASSAULT) AND ALSO VICTIM ADMITTED TO SPITTING ON OR AT ME WHICH IS ALSO A CRIME (5TH DEGREE) UNDER MINNESOTA LAW. THE OFFICER DID NOTHING WITH HER ADMISSIONS OF GUILT, HE LOOKED RIGHT PAST THEM. HE ALSO NOTED HER INCONSISTENCIES AND THAT THERE WAS NO SIGN OF PHYSICAL INJURY TO HER FACE AND NECK (SHE STATED I SLAPPED HER IN THE FACE AND KICKED HER IN THE THROAT), AND SHE ALSO COULDN’T REMEMBER WHICH SIDE OF THE FACE SHE WAS SLAPPED ON. IF THE ARRESTING OFFICER WAS USING GOOD FAITH AND DUE CARE HE WOULD HAVE ARRESTED VICTIM BASED ON THE

Additional information

“EVIDENCE” BEING HER ADMISSIONS OF GUILT IN ASSAULTING ME, NOTING THERE IS NO PHYSICAL EVIDENCE OR EYE WITNESSES AGAINST ME, OR ANY ADMISSIONS OF GUILT FOR THE ALLEGED ASSAULT. THE ONLY EVIDENCE OF AN ASSAULT TAKING PLACE WAS VICTIM ADMITTING TO THE ARRESTING OFFICER THAT SHE ASSAULTED ME TWICE, YET HE DID NOTHING AND SAW NOTHING WRONG WITH THE FACTS AND ARRESTED ME INSTEAD, ACCORDING TO HIM IT WAS BASED ON HIS EVIDENCE, EVIDENCE OF WHAT? ENDING HIS GOOD FAITH AND DUE CARE DEFENSE. Your thoughts on this please.

Attorney answers (3)

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    Answered . Unfortunately this sequence of events is seen all too often. A couple things you should do. Hire an attorney so they can get any and all police reports regarding the alleged offense. Make sure to request any photographs of the alleged victim, and any audio tapes from the officer's personal recording devices and/or vehicle recording devices. Also, and most importantly, do not talk to the alleged victim. While she may have made some admissions to the police when they arrested you, trying to get her to get on "your side" now is only going to cause you more problems, especially if the court put in a restraining order.

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    Answered . All good points for your criminal defense attorney to raise.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  3. Answered . The information that Brett Burns gave you is good; in fact, if I was you I would contact her about representing you in this matter. In domestic assault cases to often people plead guilty to just get it behind them or to save money, and that guilty plea comes back to haunt them. It may be expensive to hire a lawyer in a case like this, but it is more than worth it.

    Nothing in this answer should be construed as legal advise and does not establish an attorney-client relationship... more

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