Hello I'm writing on behalf of my brother I am really curious if his rights have been violated or if it is legal to arrest and charge him here is the situation he was arrested and charged with disorderly apparently he had struck his girlfriend but it was his girlfriends daughter in law that had called the police and reported this and the alleged victim never called the police never spoke to them or never gave a statement about anything and when my mother had texted the alleged victim to ask what had happened she said she has no clue because she wasn't there she was at work there is no proof he had stuck her and it's only by the word of a 3rd party person that he had been arrested he had lost his job over this and he is not allowed to go back to his residence please let me know I will be hiring a attorney on his behalf because he has no job now and no income thank you for taking the time to read this
If the police have a credible witness that observed him striking his girlfriend, they have probable cause to arrest him whether or not the girlfriend called the police. Stop posting incriminating details on line in public forums like this, and see if AVVO can take down this post. He should be discussing this confidentially with a lawyer. If has no job or income, he may be eligible for a public defender.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Sure it's legal. He was probably charged with disorderly conduct, rather than battery, because the victim wasn't cooperative. Battery requires a cooperative victim to come in and say she didn't consent to the bodily harm. Disorderly conduct is a much lower bar and can be proven with any witness.
Charges like this are very serious. He should hire an attorney to assist in defending this case.
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