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    Erick greene's Avatar
    Erick greene Posts: 2, Reputation: 1
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    #1

    Jun 26, 2012, 03:07 PM
    False arrest
    After being married for 6 yrs. To my wife she one day decided to have me falsely arrested. She told the officers I pulled a knife on her and threatened to cut her face. Of course this is totally untrue however I was arrested and an order of protection was issued against me. After going to court for almost a year I believe the d.a. is going to have the case dismissed. Can I sue my wife for false arrest and can I press criminal charges? The evidence I have against her is a recording of several conversations with her in which she constantly changed her story and she admitted she staged the whole thing so I can get anger management.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jun 26, 2012, 03:54 PM
    Depending on where you live the recordings may not be admissible in court and may in fact be illegal. You can sue for what you want but its up to a jury to decide what the outcome is going to be.
    Erick greene's Avatar
    Erick greene Posts: 2, Reputation: 1
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    #3

    Jun 28, 2012, 05:04 PM
    Quote Originally Posted by califdadof3 View Post
    Depending on where you live the recordings may not be admissible in court and may in fact be illegal. You can sue for what you want but its up to a jury to decide what the outcome is going to be.
    Is there any legal action at all I can take?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 28, 2012, 05:16 PM
    Quote Originally Posted by Erick greene View Post
    Is there any legal action at all i can take?
    Consult with a local attorney who knows the local laws.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 28, 2012, 07:47 PM
    Depending on how you recorded the conversation and where this is, in some areas it is illegal to record another person without knowledge.

    But you do not press the charges, what you do is talk to the DA and see if they will
    But often they don't, the first thing is to get the charges dropped
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