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chibichibi

Is this legal?

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My husband was arrested a few months back on an assault case, the only thing is there where two other people involved, the other two where never arrested, even after going in and making their statements. My husband does not have a criminal record where one of the people involved in a multiple time felon and the other was the only real witness. The arresting officer was a State Trooper that informed my husband the main reason why he was arrested and the others weren't was because he heard from someone that my husband had called him a pig, which my husband had never said at all. The Felon had violated his parole many times, after this assault and his parole officer knew of this but did nothing such as getting into fights aside from this case and the witness at the first pretrial admitted to lying to the cops. The State Trooper only has these two witnesses other than the victim who has stated that the other guy, the felon, was also there and had been the one to actually hit him multiple times, not my husband, then has changed his story to say my husband was the only one there a few weeks later. I am wondering was there any right to solely arrest my husband when they knew two others where involved and had statements from the victim of the other presents at the crime scene, especially when one is a felon who violated parole? Also since this trooper admitted to my husband that he only arrested him due to the fact he heard from a different person that my husband had called him a pig, is this not prejudicial considering all three would have committed the crime and should have been arrested?

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It is called prosecutorial discretion (google Obama and deportation).  The police officer has the power to arrest all one or none if he has probable cause to arrest.  If may have been poor judgment for him to say what he did to your husband, but it is not illegal.  Your husband should concentrate with his attorney on his defense, not get sidetracked by why didn't they arrest the other parties.  It is not a good defense to say, they should have arrested bill or sue as well, as the court will not care.  It will only care whether or not there is enough evidence to convict your husband.

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Hi chibichibi,

 

I agree with doucar, that at this point, your efforts would be better spent working on your husband's defense -- instead of focusing on what happened with the other parties. An experienced criminal defense attorney will be able to assess your husband's case, and help come up with a defense strategy with the best odds for success. The following article discusses how a criminal defense attorney can signficantly strengthen your husband's chances for a better case outcome:

You can find West Virginia criminal defense attorneys in your area by searching FindLaw's lawyer directory. In the meantime, if you can read up on the legal requirements for arrest in these articles taken from our Learn About the Law - Criminal Law section:

Good luck to you and your husband.

 

The FindLaw.com Team

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