Lexington, KY asked in Domestic Violence and Criminal Law for Kentucky

Q: How can someone be arrest on a complaint warrant when it wasn’t the victim that didn’t do the complaint at all. When the

Victim was the one that police came in on and because the detective didn’t get what me wanted from me he turned to my boyfriend and had him arrest 3 months after the fact. The Sheriff’s that came was confused over it and, supposedly the warrant wasn’t signed by a judge either. He spent 78 days in jail on a police office complaint. How can they do that and is that right? So anyone can just make a complaint that a person is being abuse and they’ll get arrested and spend that much time in jail with the “victim” not giving any information. He was let go on a failure to indict. Which then I had to call a attorney to make a call to get him out. What action can we take to see that this was wrongly done?

1 Lawyer Answer

A: An arrest can be made by police in a domestic case based on probable cause determined by the officer. He does not have to witness it or be present. An arrest may also be made upon a warrant issued upon a sworn statement of the police or private citizen. Consult a criminal defense lawyer near you to review your complete current situation.

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