What?

[ceedee08]

Mississippi

On 10/21/08 I had been drinking more than I could handle. My mother came into my room and tried to force me to go to bed. I refused, heavily intoxicated, and ended up pushing her on the floor after she smacked me. She called the police after telling me to leave the house to make sure that I left safely.

She mentioned on the phone that I pushed her down and "I would like him to leave please"

The call was not to report domestic violence or to have me arrested.

When the officer arrived and arrested me, my mother requested repeatedly for him not to arrest me, stated several times that she did not want to press charges, asked why I was being arrested, and said "No, no I just want him to leave."

The officer said that once they get the call, they have to take him in and charge me.

The issue with me is that my mother did not call the police because I pushed her down or to file domestic violence report.

The officer(s) should have received a radio message saying "We need an officer to escort a white male from xxx mystreet" and not "we have a domestic violence at xxx mystreet"

The phone call recording my mother made, my mother, AND the arresting officer can all confirm that my mothers request was to have me removed and not to report me pushing her down.

I have court in a month and I want all charges dropped. I feel that the state has no right to charge me with domestic violence because there was no call made about domestic violence. Whoever took the call heard "he pushed me down" and automatically registered it in their brain as domestic violence and ignored everything she said after that. Their should NOT of been been a radio of "we have a domestic violence" sent out.

I spent 3 nights in jail. I have no criminal record. I have to go to court in a month or two and I would like to know how to handle this. I want all charges dropped.

[Curt581]

When you call the police, it is not like ordering a pizza. You don't get to say "I want this, this, and that. I do not want you to do the other thing". It just doesn't work that way.

You don't get to tell the police what their radio message should have been. You don't get to tell the police they must confine their subsequent actions to what was initially reported only. Your mother doesn't get to tell the police they are only allowed to do what she tells them.

You certainly don't get to decide the police didn't have the "right" to arrest or charge you. That's for a judge or jury to decide, based on Probable Cause and the totality of the circumstances.

Imagine what society would be like if all the people who committed crimes had to agree they broke the law before they could be charged. If all criminals had to do to get out of being arrested is say "No, I didn't"... NO ONE would ever go to jail for anything.

If the police are sent to a disturbance call, they are required to investigate and evaluate what happened. Whether you think so or not, your post did in fact describe a domestic violence incident. Physically shoving or pushing someone to the floor meets the definition of Assault and/or Battery. Most states mandate an arrest for Domestic Violence... meaning, there is no room for interpretation, discretion, or the stated desires of the parties involved. The police must arrest the primary aggressor.

I would imagine you would like all the charges dropped, but that isn't going to happen simply because 'you want it'.

Hire a competent criminal attorney and take your case to trial.

[ceedee08]

Originally Posted by Curt581

When you call the police, it is not like ordering a pizza. You don't get to say "I want this, this, and that. I do not want you to do the other thing". It just doesn't work that way.

You don't get to tell the police what their radio message should have been. You don't get to tell the police they must confine their subsequent actions to what was initially reported only. Your mother doesn't get to tell the police they are only allowed to do what she tells them.

You certainly don't get to decide the police didn't have the "right" to arrest or charge you. That's for a judge or jury to decide, based on Probable Cause and the totality of the circumstances.

I didn't do or say any of the above. I never said or thought I get to do, say, decide anything. I stated my opinion. If you disagree than quote where you thought that is what I was saying so I can further correct your mistake. I stated an obvious opinion based on what happen.

Example: TheMan (me) says: "That idiot who replied to the post "What?" shouldn't of opened his big mouth"

Then you come in and say "You don't get to decide what that idiot does!!! You don't get to decide how that idiot reads posts!!! You don't get to tell that idiot what to do! You don't get to decide what he replies with!!"

Obviously TheMan never said or thought that he could tell ThatIdiot what to do, how to post, how to read, where to reply to, ect.ect.ect. He just stated his opinion.

2 points for me.

Now I'm not trying say that I decide and tell you what to do when and where I want because I am the almighty ruler of all that is...but here is another opinion of mine.

[The Occultist]

Nice attitude. You won't be receiving help on this board.