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Wrongful Arrest For Domestic Violence In Wake
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State:
Multi-State
County:
Wake
Control #:
US-000280
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FAQ
Unlike some offenses, the victim of domestic violence in North Carolina doesn't have the direct power to drop the charges. Ultimately, the decision to drop charges rests with the prosecutor handling the case.
At the outset it's important to simply refute the allegations. If something didn't happen -- say so. Don't elaborate. Say `It didn't happen' and move on. Do not get into a debate. Do not respond to a list of false allegations with a point by point rebuttal of each one.
Misdemeanor charges in North Carolina could get dropped when a criminal defense attorney negotiates with the prosecutor to resolve the case. You may plea down to a lesser offense or dismiss the charges altogether.
Ultimately, the decision to drop charges rests with the prosecutor handling the case. However, if the victim requests dismissal, it can weigh heavily in the prosecutor's decision-making process, particularly if the victim refuses to cooperate or testify.
False Imprisonment vs. Assault: Assault involves a threat of bodily harm coupled with an apparent, present ability to cause the harm, creating a reasonable fear in the victim. On the other hand, false imprisonment focuses on the unlawful restriction of a person's freedom of movement.
Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair. Note, however, that if the person consented to any of these acts, it wouldn't be false imprisonment.
False Imprisonment and Domestic Violence Specifically, California Penal Code Section 236 makes it unlawful to violate the personal liberty of another. The court will look at whether the defendant intentionally and unlawfully restrained, confined, or detained someone through violence or menace.
A false arrest is the act of unlawfully restraining or detaining a person against his or her will by someone (usually a law enforcement officer, but also sometimes a private citizen) who lacks the legal authority or justification to do so.
The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute.
What Is the Burden of Proof for False Accusations? In both criminal and family court, the burden of proof lies with the accuser.