San Jose, CA asked in Criminal Law for California

Q: how to search if someone has filed a complaint on me

we are two co founders and were having a chat and during a heated argument had shouted hes an assh** and other words that followed dont remember .now he claims to have filed anincident report with san francisco or san jose police. could someone help me to how to search this so i can be prepared for whats coming up and what action can they take .. there were no physical fifght . just on the phone .

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

A: To address your question about searching for a complaint filed against you:

1. Contact local police departments:

You can try contacting the San Francisco and San Jose police departments directly. Explain that you believe a complaint may have been filed against you and ask if they can provide any information. Keep in mind that they may not be able to disclose details if an investigation is ongoing.

2. Public records request:

You could file a public records request with both departments. This is a more formal process that may take some time, but it can potentially give you access to relevant records.

3. Online resources:

Some jurisdictions have online portals where you can search for police reports or incident records. Check the websites of both police departments to see if they offer such services.

4. Consult an attorney:

A local criminal defense attorney can often help navigate this process and may have better access to information.

Regarding potential actions:

1. Verbal arguments alone rarely lead to criminal charges, especially if conducted over the phone with no physical contact or threats.

2. If a report was filed, it might simply be documented without further action.

3. In extreme cases, if your co-founder felt threatened, they might try to pursue a restraining order or claim harassment, but this seems unlikely based on your description.

4. Civil issues between co-founders are typically handled through business litigation rather than criminal law.

To prepare:

1. Document your recollection of the incident.

2. Avoid further contact with your co-founder that could escalate the situation.

3. Consider consulting with a business attorney about protecting your interests in the company.

Remember, shouting and using profanity during an argument, while unprofessional, is generally not a criminal offense. However, it's always best to maintain composure in business relationships to avoid such situations.

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