Minneapolis, MN asked in Criminal Law and Domestic Violence for Minnesota

Q: Person with DANCO called cops w/ false claims on protected party who then was arrested doing nothing to person w/DANCO

Person w/DANCO was arrested and charged two weeks prior in a different county..is it legal for the police to let person w/DANCO go and arrest protected party on false claims of abuse? Protected party was found not guilty also as this was drug out in court

2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: The wording of this is difficult to follow. Maybe call a defense attorney on the phone for a dialogue.

Jonathan Matthew Holson and Todd B. Kotler agree with this answer

A: The police can arrest if they have what in their view is probable cause (a much lower standard of proof than what is needed for conviction). If the person subject to the protective order filed a false report that may be a crime but the decision as to whether to charge belongs to the prosecutor. You may wish to contact the Prosecutor's Office.

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