will an officer come to arrest a family member based upon a complaint from someone that has a different case pending against him?

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will an officer come to arrest a family member based upon a complaint from someone that has a different case pending against him?

My son (just turned 18) has a girlfriend who was molested by a male member of her family. The guy was arrested, arraigned, pleaded changed his plea and then bonded out pending a trial etc. There is a restraining order for him to keep away. They went for a ride passed and by his truck. Later it was learned the window in the truck was smashed and my son and the girl have been accused by this person of doing the deed. I’m told someone else told him they saw the kids drive by but it’s not clear what was seen. He is threatening to pursue a complaint if she doesn’t withdraw her complaint. Now what?

Asked on July 1, 2009 under Criminal Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think your son and his girlfriend need to talk to a lawyer about this.  One place to find a qualified attorney is our website, http://attorneypages.com

Before anyone can give them reliable advice, there's going to have to be a fair amount of detail supplied.  One of the first things I'd want to know is where this supposed rock-throwing took place.  If the man's truck was parked in front of his house, or someplace he's known to be on a regular basis, it might be more difficult than if your son could argue he had no way of knowing the truck would be there when he drove down that street.  It will also be important to find out what the other witnesses are saying, and who they are.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think your son and his girlfriend need to talk to a lawyer about this.  One place to find a qualified attorney is our website, http://attorneypages.com

Before anyone can give them reliable advice, there's going to have to be a fair amount of detail supplied.  One of the first things I'd want to know is where this supposed rock-throwing took place.  If the man's truck was parked in front of his house, or someplace he's known to be on a regular basis, it might be more difficult than if your son could argue he had no way of knowing the truck would be there when he drove down that street.  It will also be important to find out what the other witnesses are saying, and who they are.


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