Niagara Falls, NY asked in Criminal Law and Domestic Violence for New York

Q: My neighbor walked into my house uninvited and beat up my brother and left the property. Why wasn't he arrested?

The cops never questioned him and told me they couldn't arrest him even though their were witnesses who saw him come into my house

1 Lawyer Answer

Aubrey Claudius Galloway

Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the Office of the District Attorney. I have found in these situations, that unless an arrest is made at the scene, the best way to go forward with pressing charges at this point is for you or your brother (preferably both on the same accusatory instrument) to file a complaint with the DA's Office.

Feel free to call with any questions,

Hope this helps,

Aubrey

914-912-1555

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