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wrongful arrest & charges

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sweetmelissa

Guest
What is the name of your state? Nevada
Hello all. I am new & facing a rather frustrating situation. It started three days earlier when my live-in boyfriend and I were wrestling and playing and I got scratched on my face. Three days later my boyfriend was in an argument with a neighbor. The police showed up from nowhere and arrested my boyfriend for domestic violence due to the scratches on my face. They also took photos of my face and would not listen to me. They were not even interested in the fight with the neighbor or my version of events. I gather a different neighbor heard the arguing and called 911.
I bailed my boyfriend out and wrote the prosecuter exactly the details that I am telling you now. He has not dropped charges, and has subpeoned me to testify or be arrested. I told him I will go to court but on my boyfriends behalf. This whole situation is out of control and so very stressing. Why are they doing this after I told them that this was a misunderstanding and the injury was from playing around three days earlier? Please tell me if there is more I can do, or is the prosecuter just dragging this out to be difficult? Thank you for listening to me ramble on. Any response will greatly be appreciated.
 


V

v_day_baby

Guest
Sweetmelissa ~
a search on Nevada law turned this up:
NRS 171.137 Arrest required for suspected battery constituting domestic violence; exceptions.

1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child.

2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

(a) Prior domestic violence involving either person;

(b) The relative severity of the injuries inflicted upon the persons involved;

(c) The potential for future injury;

(d) Whether one of the alleged batteries was committed in self-defense; and

(e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.

3. A peace officer shall not base his decision regarding whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.

4. As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

(Added to NRS by 1985, 2170; A 1989, 23; 1995, 901; 1997, 1533, 1802; 1999, 486)

http://www.leg.state.nv.us/NRS/NRS-171.html#NRS171Sec137
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A couple of notes relevant to your story, the "assault" is to have taken place NO MORE THAN 24 hours prior to the arrest BUT, an officer CAN arrest an individual regardless of the willingness of the "victim" to tesify to the "assaulters" attack.
It the situation occured as you described it, it sounds like your boyfriend's charges should be dropped.
The prosecutor can choose to continue litigation if he/she feels it is justified. Keep in mind that a lot of battered wives refuse to testify against their husbands and claim their injuries are not from abuse.
 

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