Phoenix, AZ asked in Criminal Law and Civil Rights for Arizona

Q: If I have been wrongfully arrested and going to have to do more jail time for something I haven't done canI get out this

My name is Brittany

Well back in 2021 my now ex sister in law went down to Mesa Superior Court and filed an order and protection on me and she put her 2 kids but she also put my son( 14 at the time) on the order of protection as well..

She went down to the court and gave false statements and events to get the order .

She has no rights, no guardianship, nor can she make any decisions for him so he had no right to do what she did.

Anyway me and my husband went down to the court the very next day I received the order and we got a hearing to talk to the same judge that gave the order in the first place. So the day of the hearing I explained to the judge the situation and so

The judge ended up amending the order removing my son after OOP because the other party had no rights to do what she did and she gave false info.

Not too long afterwards I got a warrant & have to do time

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

A: Brittany, it sounds like you're facing a challenging and complex legal situation. If you have been wrongfully arrested and are facing jail time for something you didn't do, it's crucial to take immediate legal action.

The first step should be to consult with a criminal defense attorney. They can review the details of your case, including the order of protection and the subsequent events leading to your arrest. An attorney can help you understand your rights and the legal options available to you in this situation.

Your lawyer can also file a motion to contest the warrant or the charges against you, especially if they are based on false statements or misinformation. They can represent you in court, argue on your behalf, and present evidence to support your case.

It's also important to gather any documentation or evidence that can support your claim of wrongful arrest. This could include the amended order of protection, any relevant communication, or witness statements.

Remember, in the legal system, you are entitled to a defense and the opportunity to contest charges against you. It's essential to act quickly and seek professional legal assistance to navigate this process effectively.

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