Misleading information on the police report?

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My boyfriend was recently arrested for felony harassment , and some of the information in the police report is misleading. First off, he was arrested at the police department, and the report says that the location of arrest was the home of the "victim", which it clearly was not. I was with my boyfriend all day, and he was never at the location of the "victim"! Second of all, the "victim" made statements that were not true, and seeing as though her witnesses said nothing about some of the reports that she made, it is clear that she was lying, again I was with him all day, I know exactly what he was doing. I am not sure where to go with this, because he has a public defender and he is not helping at all on this matter. I don't know what to do next, if he's charged he's looking at 5 years..

Attorney Answers

5
Saraliene Smith DurrettCriminal Defense AttorneyAtlanta, GA ·
His attorney will be able to challenge these statements and the credibility of the officers and their statements at trial. His attorney can also speak with the prosecutor in the case about any problems there may be with the investigation. This could result in a favorable plea offer if the investigation was mismanaged. He should raise these issues with his current attorney or hire a different attorney who will take his concerns seriously. Good luck.
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Marc Morris ·
Your boyfriend was arrested which means that the police believe they had probable cause. I assume your boyfriend entered a plea of not guilty, which means he is going to defend against the charges. Our legal system is adversarial. In this country we can challenge the government's evidence. The testimony of the people listed in the report is what is controlling. Do not get caught up in defending a police report. Look at the all the State's evidence in defending a case. Sometimes you have to let an attorney investigate and prepare a defense. It is an attorney's job to challenge the credibility of the State's witnesses mentioned in the report.
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Lennard Anthony NahajskiCriminal Defense AttorneyBellevue, WA ·
The first thing your boyfriend needs to do is consult with, and retain, an experienced criminal defense attorney. While some of the inconsistencies you claim are in the police report appear insignificant, other may be an indication of more significant problems with the investigation. An attorney familiar with domestic violence felony harassment cases will be able to take advantage of all of these inconsistencies and work on getting your boyfriend the best result possible. If your boyfriend is in custody me might try calling an attorney collect or, in the alternative, you could speak with an attorney yourself.
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Sean Esworthy ·
There is often misleading, or items that could be construed as misleading, in a police report. Police reports are generally used for a prosecutor to review for the filing of charges, for a judge to review in finding probable cause for a charged offense (and setting release conditions/bail), for the defense to review to have an idea of what evidence may be available, and for the police officer to refresh his recollection as to what happened in a particular case. Police reports are not generally evidence in and of themselves. Factual disputes with the police report should be provided to the accused's attorney. The attorney will decide, as a matter of strategy, whether any inaccuracies are worth pursuing. If you don't believe the attorney is doing a good job, you can try to hire an attorney or perhaps try to move the court to provide a new public defender. If the attorney discovers that an alleged victim is lying, then such impeachment evidence may be presented to the prosecutor in order to get a dismissal or a better deal, depending on what other evidence is available to the government. The place to hash out the "facts" of what actually happened is at a trial and is decided by a jury.
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Shane Orourke ·
No one on here can give you a proper criminal defense strategy over the Internet and in 3500 characters. With that said, he needs to do one of the following: either a) get his attorney on board with his defense strategy, b) request a new public defender if his current one is truly doing nothing, or c) hire private counsel. Outside of this, there is not much you can do for him. He needs a good attorney building his defense.
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