Asked in Criminal Law and Domestic Violence for Tennessee

Q: A person (grown child) of defendant. Called 911 and had someone ( the mother) arrested for false allegations of assault.

The daughter later decides to not prosecute the defendant (her mother), but once she gets to the court to waive prosecution she is informed that the State has picked up the charge for no other reason but cruel and unusual punishment.

If this legal in general sessions court of Tennessee?

1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: It is always the State's Case, not the victim's. The Mother may get indicted, unless she has already plead guilty. The victim will be subpoenaed to the Grand Jury. If her allegations were false, she should hire an attorney for advice.

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