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    meonly's Avatar
    meonly Posts: 1, Reputation: 1
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    #1

    Nov 5, 2008, 07:06 PM
    How to file motion to dismiss(wrongful arrest)
    Several months back me and my wife got into an argument. In order to cool down the situation I just left. While I was gone another person called the police and they arrived questioning my wife. At which point she told the officers repeatedly that I never laid a hand on her and the only bruise she had on her was a small dog bite on the back of her leg( from our jack russel). One officer became very irritated especially when he heard my last name (I am hispanic and my wife is caucasion) and started trying to scare her into filling a complaint she refused. The officers then left without taking any pictures of the bruise, offering to take my wife to a hospital, getting her any kind of assistance as required by the domestic violence act in Illinois. They told her she had till 10am the next day to file a complaint or nothing would happen. We didn't hear anything more about it till one week later when I started getting mailers from lawyers. The officer falsified his report so badly and then went to a judge to get a warrant on the grounds of imminent danger one week later. When we found this out my wife went to the station to file a complaint against the officer and was denied by a seargent to do so. So she has now filed a complaint against the officer and the seargent with the states attorney of dupage county and they are currently investigating both of them. I had a traffic case coming up and turned myself in to the sheriffs dept. and the arresting town waived their right to question me. But my case is still active and I have alredy had the arrainment and the trial date is coming up I've priced lawyers in the area and have found that it will cost me around $1500 whichis almost impossible for me to come up with . So now I'm on here trying to find out how to file a motion to dismiss due to lack of evidence, the fact that the 2 witnesses to the supposed crime both say nothing happenedand the officers were told that, or that the officers didn't follow procedure. Any help would be greatly appreciated
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 6, 2008, 08:07 AM
    Hello me:

    A motion to dismiss won't be heard. It looks like you're going to have to argue your case in court.

    excon

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