My ex girl friend lied to the police that I violate the order protection by pushing her in the street in front of her mother in front of my building , and I didn't see this girl for a year
Yes. An arrest warrant can be generated.
This answer is only for informational purposes and is not meant as legal advice.
Yes, they can get an arrest warrant baded upon the accusation of one person. This is what they do all of the time.
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not constitute legal advice or establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
The Detective does not need a warrant to arrest you. The girl's claim gives the Detective probable cause and he can arrest you based on that. They often claim they have a warrant when the don't.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Even if it's a lie, a person's word to the police can and usually is enough for them to make an arrest. Now that she's made the complaint against you, it's very likely that you will be arrested. You can and should fight the case in court. But before that happens, if the police contact you regarding an arrest you should hire a lawyer to arrange a surrender and be on the case from the very beginning. Surrendering will help get the judge to release you without bail, something that doesn't often happen with criminal contempt cases.
Mr. Reibstein is a former New York City prosecutor and second-generation criminal attorney. Unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.
Eye witness testimony is evidence and can be used to generate a warrant. Its up to a judge/jury to determine the credibility of that evidence, but it alone could definitely get you arrested and charged with a crime.
Detectives don't obtain arrest warrants, prosecutors do. Nor is an arrest warrant required in all cases.
The detective, in requesting the warrant would have to file a declaration, called a probable cause statement explaining what evidence exists that you committed a crime.
The short is answer is yes, you could be arrested, even if the allegation is false (with or without a warrant). The detective would only require a warrant if he sought to arrest you inside your home. As long as he has probable cause to believe that crime occurred, he has a basis to make the arrest, even if it turns out to be a false claim. This frequently happens in situations where the complaining witness already has an order of protection forbidding contact between the person and his accuser. In addition, if the complaining witness' mother corroborates your ex-girlfriend's claim, this would support the detective's reasoning if he sought to make an arrest. The best way to avoid an arrest (if that is possible) is to hire an attorney now and explain to the attorney the full set of circumstances so that the attorney may be able to speak to the detective and/or prosecutor and possibly avoid an unnecessary arrest and/or prosecution.
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