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devolg

Misleading by Police

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A few weeks ago I was arrested for Domestic Battery after my girlfriend and I got into a physical altercation. I said something stupid and she punched me in the eye to which I reacted with physical violence. We were both intoxicated and I am not proud of how I reacted nor for what took place. This is very shameful and has made me aware of some very serious personal issues we both face. After the neighbors heard the fighting they called the police and of course they should up. The police then proceeded to misinform my girlfriend of the following things in what I can only assume was an attempt to paint me as shady individual in order to convince her to press charges against me...

 

 

A. They said I was "involved" with an issue concerning a stolen trailer; Yes actually I was "involved" as I am the one who filed the report after noticing it was missing from work. As the supervisor that is my job. Something they did not specify. This is irrelevant. 

 

 

B. They told her I was part of a death investigation in 2007; Yes after discovering my father had passed away (after what was later determined to be a heart attack) on the couch a week after he passed I imagine I probably was part of an investigation. I'd be shocked if I wasn't. This is irrelevant. 

 

 

C. They told her I was involved in a child abuse investigation after a small child my then wife was babysitting accidentally fell down the stairs. 1st of all I was at work at the time and matter of fact was never was around the child even once as she watched her during times I was at work. 2nd of all I was never questioned or even spoke to police or anyone concerning the matter and lastly it was determined to be an accident. Again completely irrelevant. 

 

 

All these things were told to her in an effort (a successful one I might add) to illicit a response of yes when they asked her if she would be pressing charges. 

 

 

Furthermore (this same officer) informed her the following day that I was contacting my ex-wife from jail in efforts to get her to bail me out of jail which is completely and entirely false. 

 

 

 My question is did the police do anything illegal here in misleading and misinforming my girlfriend of these things and if so is it enough to get this thrown out? Obviously lying isn't necessarily illegal isn't misleading a victim or witness grounds for dismissal?


 

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1 hour ago, devolg said:

The police then proceeded to misinform my girlfriend of the following things...

 

A. They said I was "involved" with an issue concerning a stolen trailer; Yes actually I was "involved"

 

If you were involved, then telling her that you were involved is neither false nor misleading, and it seems that the same things are true of the other two items you mentioned.  They gave her partial information, and she apparently wasn't smart enough or didn't care enough to inquire into the details.

 

 

1 hour ago, devolg said:

My question is did the police do anything illegal here

 

No.

 

 

1 hour ago, devolg said:

isn't misleading a victim or witness grounds for dismissal?

 

Not sure where you would get that idea.  First of all, it is up to your girlfriend to decide what is and isn't relevant to her decision to press charges (assuming that's a decision she gets to make, which typically isn't the case).  Second, and to be blunt, if your girlfriend is dumb enough to be swayed by obviously incomplete information without inquiring into the details (e.g., "Involved how?") or didn't care enough about the full details, then that's on her, and she's probably NOT someone you want to continue in a relationship with.

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Hi @devolg

 

Welcome to the community and thanks for posting! As other posters have mentioned, while the police's actions may not have been strictly "illegal," your attorney may be able to use these facts in defending you. Consider discussing these issues with your public defender or criminal defense attorney.

 

Best of luck and keep us posted!

The FindLaw.com Team 

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