False Allegations

[amjad72]

What is the name of your state?What is the name of your state? NY

My sister-in-law dissapeared from the hospital on the day she was to be discharged from the hospital after giving birth to my niece. When my brother asked the hospital, they said she had discharged herself and gave no further information.

After filing a police report we found out that she was with social services and did not want to come home. A week later she showed up with the police and social services to pickup her belongings. When my brother asked her what happened, she told him that my mother beat her physically and degraded her constantly. A few hours later she called a family friend and told him that she forgot to take 1300 dollars that belonged to her (my brother or anyone else in the family has no knowledge of such money.) She also said that she would be willing to move back in with my brother on the condition that he not only move out (my mother lives with my brother) but also to another state (away from my mother.) If he did not comply to her terms, she said she would get my mother arrested for physically abusing her.

There are three major concerns here:

1. Can someone be arrested base on allegations (no evidence, just one persons word against another)?

2. Can charges be pressed for slandering/defamation of character?

3. Can she claim that we stole the money?

 

[snowiedeep]

Can and Probably Will

North Carolina

Your mother can and probably will be arrested. Your sister-in-law will be in another state right after she makes these alligations. The charges aginst her more than likely will not stick because no one will be available to testify. However, your mother must go to jail and post bail and go through a lot of embarrassment.

There needs to be a custody issue brought before the court in the county you live in before she leaves the state. Whatever you do, be first. It's ok to have bad feelings against your sister-in-law, but you and your brother must not talk to her in any way. Stay away from her at all cost. DSS will corner your brother and mother.

You guys need to get a really good job because to get the baby, you will probably need to sell the S---house.

 

[LdiJ]

What is the name of your state?What is the name of your state? NY

My sister-in-law dissapeared from the hospital on the day she was to be discharged from the hospital after giving birth to my niece. When my brother asked the hospital, they said she had discharged herself and gave no further information.

After filing a police report we found out that she was with social services and did not want to come home. A week later she showed up with the police and social services to pickup her belongings. When my brother asked her what happened, she told him that my mother beat her physically and degraded her constantly. A few hours later she called a family friend and told him that she forgot to take 1300 dollars that belonged to her (my brother or anyone else in the family has no knowledge of such money.) She also said that she would be willing to move back in with my brother on the condition that he not only move out (my mother lives with my brother) but also to another state (away from my mother.) If he did not comply to her terms, she said she would get my mother arrested for physically abusing her.

There are three major concerns here:

1. Can someone be arrested base on allegations (no evidence, just one persons word against another)?

2. Can charges be pressed for slandering/defamation of character?

3. Can she claim that we stole the money?

She can claim anything that she likes. Whether or not the DA will decide to pursue charges on either the alledged beatings or the money depends on the facts and the evidence. Obviously someone at the hospital found the situation to be credible since they helped her to get involved with social services.

No, "charges" cannot be pressed for slandering/defamation of character. That is not a criminal issue, its a civil one. At this point however that issue probably shouldn't be your priority.

Your mother needs to consult a criminal attorney, and your brother needs to consult a family law attorney.

 

[seniorjudge]

1. Can someone be arrested base on allegations (no evidence, just one persons word against another)?
Yes, but usually the cops or prosecutor requires more circumstantial evidence.

2. Can charges be pressed for slandering/defamation of character?
Not criminal charges.

3. Can she claim that we stole the money?
Yes.