False Arrest for Text Message

[cltbingo]

What is the name of your state (only U.S. law)? North Carolina

My friend was arrested for allegedly sending his ex-wife a threatening text message. She called the police and, from what I understand, showed the officer(s) her cell phone. However, my friend didn't send the text message - her new boyfriend did, to set him up. My question is, why didn't the police (a) check the incoming text message phone number to see that it's not my friend's phone number, and/or (b) ascertain who owns the phone number of the person that sent the text? The fake text even included the full name of my friend, as if he would have texted that way.

My friend was falsely arrested based on this text message. What can he do now to prove his innocence? Presumably, he'll need to pull phone records for his phone, to show he sent no text messages of any sort to any number that include threads; and he'll need to have her text message history pulled up for investigation to find out who sent the text message in question. Would the police, as I would hope, have written down the text message body as well as the actual phone number associated with the incoming text? If that's on the police report, then it should be helpful in proving that he was wrongly arrested.

What else can he do at this point? He posted $1,000 bond to get out of jail, but it was pretty traumatic to have all this happen in front of his 3 kids, for whom he has full custody rights.

 

[tranquility]

See an attorney for your criminal defense. This is certainly a good defense if true. With an attorney, you might be able to get some compensation for any lies or incompetence in developing probable cause to arrest. If the message really has a different number, there could be a problem for the police or the ex depending on the actions and what was said.

 

[Silverplum]

What is the name of your state (only U.S. law)? North Carolina

My friend was arrested for allegedly sending his ex-wife a threatening text message. She called the police and, from what I understand, showed the officer(s) her cell phone. However, my friend didn't send the text message - her new boyfriend did, to set him up. My question is, why didn't the police (a) check the incoming text message phone number to see that it's not my friend's phone number, and/or (b) ascertain who owns the phone number of the person that sent the text? The fake text even included the full name of my friend, as if he would have texted that way.

My friend was falsely arrested based on this text message. What can he do now to prove his innocence? Presumably, he'll need to pull phone records for his phone, to show he sent no text messages of any sort to any number that include threads; and he'll need to have her text message history pulled up for investigation to find out who sent the text message in question. Would the police, as I would hope, have written down the text message body as well as the actual phone number associated with the incoming text? If that's on the police report, then it should be helpful in proving that he was wrongly arrested.

What else can he do at this point? He posted $1,000 bond to get out of jail, but it was pretty traumatic to have all this happen in front of his 3 kids, for whom he has full custody rights.

Why, yes, that is quotable.

 

[dmcc10880]

Actually, the state has the burden of proof that he sent the text in order to convict. However, his cell phone records showing that if he indeed did not send the text would go a long way in getting the case dismissed.

Then he should seek to pursue charges against the ex and boyfriend and a civil action to recoup his costs incurred.