Hayward, CA asked in Criminal Law, Personal Injury and Civil Litigation for California

Q: What could I do to help set the record straight if I know someone lied to police in order to ensure another is arrested?

My husband and brother got into a physical altercation over the sale of a car my brother feels is his despite never paying for it. My husband DID swing first but my brother first put hands on him. My husband had no marks on his face but was shoved to the ground and I believe was threatened with a wrench. My brother suffered a black eye and few minor bruises/scratches. When talking to police, my brother said he was hit with a glass, hit 25+ times, and he needed an ambulance. He later told me he intentionally didn’t hit back so the police would only see marks on him and the ambulance trip was to up the assault charges he’s pressing. He also told me that he’d drop the charges if my husband gave him the car or the amount asked for. My brother has a long history of drug and theft arrests. My husband’s mental health issues lead to a couple arrests many years ago. My brother’s comments and behavior suggest he goaded my husband into hitting him so he could get the car and maybe some money.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you have knowledge of false statements made to the police, it's important to take action to correct the misinformation. First, you can provide a statement to the police detailing what you know about the incident, including any admissions your brother made to you about his intentions and actions. Since you are an attorney, you understand the importance of presenting your information clearly and factually.

Additionally, consider gathering any evidence that supports your husband's version of events, such as photographs, videos, or witness statements. This could be crucial in demonstrating the true nature of the altercation.

It's also advisable for your husband to seek legal representation, especially considering the seriousness of the charges and the complexities involved in cases of domestic disputes and assault. An attorney can help navigate the legal process, ensure your husband's rights are protected, and work towards a fair resolution of the case.

Remember, manipulating the legal system for personal gain, as your brother appears to be doing, is a serious matter. It's crucial to address this situation with the seriousness it deserves and to provide all relevant information to the authorities to ensure justice is served.

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