How wrong is this, please help

What is the name of your state? Maryland, I am married and was not home when my wife and her a girlfriend of hers while at are house got into argument and turned into a bad fight on are deck. It was Saturday around noon, our neighbors saw the fight and call 911.and also called me to tell me what was happening and to come home. I arrived just before the police and the officer probably saw me getting out of my truck. Within a few minutes there was At least 4 police cars and EMT there. They talked with my wife and her X-friend and myself and neighbors and everyone said that the two girls had gotten into a fight and that I was not there. My wife who and her X-girlfriend had been drinking earlier. After about an hour, my wife was refusing treatment and did not want to go to the hosp. The officer said to me your wife is refusing treatment so what going to happen now. I said to him what do you mean. He got in my face and said if we have to come back today someone is going to jail. Well I had a feeling he meant me, so I told him that I didn't want any problems and that I would leave. [ I new he meant I would be the one going to jail] So I got my son from the house and was getting ready to leave. My wife was already upset by what had happened and had been drinking earlier and real mad to, now she didn't know what the officer had said to me because they kept us apart. Now she saw me leaving with are son and ask them to stop me from leaving with are son. They told her that they could not stop me from leaving with our son unless she said I was the one who beat her so she OK. Then they placed me under arrest for 2nd degree assault and took me in. Then while booking me they found a very little bit of pot on me and papers. I was charges with 2nd degree assault pos of CDS and the papers. The girlfriend who was in the fight told the officers she was the one who was fighting with my wife and they arrested me can I beat this, and then can I sue, They did me so wrong , what should I do. Please help

I don't think the wrong was done to you by the police, but by your wife. While your version of the facts *might* indicate there was no probable cause, many of the things told to the police were outside of your presence and you could not know what was said. I'd say that if everyone testifies to what you seem to think they will testify to you may be found not guilty of the assault charge.

The search that found the "pot" seems good. Spend your time on dealing with the charges. Thinking about a lawsuit against the police is not going to be very productive.

She was drinking in the MORNING while having her kid in the house????**************..WOW!

No, are son was with me and I sent him into the house when we pulled up to the house and I saw what was going on. They were not drunk, They had a couple bloody marys. Thats all. Still don't know what started the fight. The police officers intimated me into trying to leave and frighten my wife into saying what they wanted her to say and arrested me . My neighbour from across the street, That is a DC firemen and EMT tried to tell the officer that they were arresting the wrong person that I was not there, They told him to go back across the street and to shout up or he would be arrested with me. Best of all the girlfriend who said to the officer that she had gotten into the fight with my wife and The I was not even there didn't get arrested and was left there. What's up with that ?

Tenkeys said:

Best of all the girlfriend who said to the officer that she had gotten into the fight with my wife and The I was not even there didn't get arrested and was left there. What's up with that ?

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Apparently your wife didn't ask her to go.

- Carl

Tenkeys said:

No, are son was with me and I sent him into the house when we pulled up to the house and I saw what was going on. They were not drunk, They had a couple bloody marys. Thats all. Still don't know what started the fight. The police officers intimated me into trying to leave and frighten my wife into saying what they wanted her to say and arrested me . My neighbour from across the street, That is a DC firemen and EMT tried to tell the officer that they were arresting the wrong person that I was not there, They told him to go back across the street and to shout up or he would be arrested with me. Best of all the girlfriend who said to the officer that she had gotten into the fight with my wife and The I was not even there didn't get arrested and was left there. What's up with that ?

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Oh, well, there you see AHA, everything is fine, sonny wasn't with the drinking mom, he was with the smoking dad.

Thanks for your input.

Thanks a allot for the time you took to judge me and my wife I feel better now and it made you feel real important. I looking for some help here. I not saying what I might do or not do is right or wrong its not about me. Were they wright in the way they handle this. Six people say someone wasn't there including the 2 that were involved in the fight and they don't listen and place me under arrest. Something real wrong with that , I glad someone wasn't shot. I wasn't there and would be up for murder.

A person can be arrested based upon a citizen's arrest. It would appear that this sort of arrest (or its MD equivalent) may have been made here.

Keep in mind that an arrest only requires probable cause to believe that a crime has been committed and that you committed the crime. An arrest does not require absolute proof. If you have a bunch of people that say you were not there, then you have a great defense and the DA likely won't file. However, if the neighbor statements are akin to: "Well, I don't THINK he was there," or, "I didn't notice him there," then it might be tougher to counter her claim.

If you want to sue someone, you can sue your wife for the false arrest or allegation.

But first, consult an attorney to deal with the criminal allegations.

- Carl

The facts of it is , I WAS NOT THERE AT ALL . everyone that was involved and the three neighbors that were there and saw everything will swear to that. I got home at least 10 minutes or so after it was broke up by my neighbors. I can even prove where I was during that time. They didn't find the pot until I was book at the station an hour later.

Tenkeys said:

The facts of it is , I WAS NOT THERE AT ALL . everyone that was involved and the three neighbors that were there and saw everything will swear to that. I got home at least 10 minutes or so after it was broke up by my neighbors. I can even prove where I was during that time. They didn't find the pot until I was book at the station an hour later.

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I understand that. But, if MD has a private person's arrest statute, and that is what was done by your wife, then they may have had no other alternative but to take YOU into custody. Any cause of action in such a case would be against your wife. If the law in MD is the same as in CA law enforcement is required to take a person into custody for a private person's arrest.

Heck, she may have alleged something with you that occurred after you got home - none of us know. If you are ultimately charged, your attorney (retained or a public defender) can get a copy of the report and can see what the specifics might be. Make sure you have the names and contact information of your neighbors and witnesses so that the attorney can speak to them ... if it gets that far.

What is the exact code section (numbers) you were accused of violating?

- Carl

fairisfair said:

Oh, well, there you see AHA, everything is fine, sonny wasn't with the drinking mom, he was with the smoking dad.

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Someone needs to rescue that poor child and let responsible, sober, clean parents take GOOD care him up.

nice family mom is drunk at noon and dad comes to the house knowing the cops would be there with a bag of pot in his pocket . a couple of geniuses there

Why are you bashing him? He is here for some advice. That is the name of this site isn't it? Freeadvice? No one knows all of the circumstances in this case. Let he who is without sin cast the first stone.

scjb3 said:

Why are you bashing him? He is here for some advice. That is the name of this site isn't it? Freeadvice? No one knows all of the circumstances in this case. Let he who is without sin cast the first stone.

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Sorry for worrying about a child that apparently lives in a less than desirable home environment, but I'm from a healthy home, so there must be something wrong with me. I'll stop giving a hoot about kids in bad situations, ok?????????????????????????
Go ahead and give these two parents a medal .

There are kids everywhere in bad situations

I agree the kids are at risk from the little the Dad has told us. This is just a small slice of their life. The Dad is trying to get advice that will keep him out of jail. He can be home making an income and maybe, just maybe, making a small positive difference in the kids life. What kind of difference are you making by bashing him?

All I am trying to say is that this site is about free legal advice. I am always reading threads where some one is bashing some one else. Lets keep it to legal advice. Okay?