CdwJava
Senior Member
Okay, bottom line is the probable cause for the arrest requires a relatively low burden of proof. A conviction requires proof beyond a reasonable doubt. Depending on what was told to the police, it is very likely that the arrest is perfectly lawful. Also depending on what was told to the police, a conviction MIGHT be possible. I strongly suspect that case law might allow the state to infer by your actions that your intent was to annoy or harass the victim, or place him or her in fear for their safety. I don't know, but maybe.
Your attorney will be able to tell you with greater certainty what the state must prove in court and how they might go about proving the elements of the offenses. If the state does not pursue the matter, lucky for you. As for a false arrest, I don't see it. But, as mentioned, you can go out and spend a few thousand on an attorney to try and give it a whirl.
A better use of time and resources might be to spend the money on hiring your girlfriend an attorney so that she can pursue this matter in family court.
Your attorney will be able to tell you with greater certainty what the state must prove in court and how they might go about proving the elements of the offenses. If the state does not pursue the matter, lucky for you. As for a false arrest, I don't see it. But, as mentioned, you can go out and spend a few thousand on an attorney to try and give it a whirl.
A better use of time and resources might be to spend the money on hiring your girlfriend an attorney so that she can pursue this matter in family court.