Battery misdeameaner want dismissed?

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Class a battery. Kicked someone out of my house they got mad him tore up my house i have pictures they called police lied out of anger daid i hit them and i threatened to kill them with guns i have no guns. Arrested because of 2 statements no pics by police where i battered them. I didnt. 2 against one i feel framed police didnt read me my miranda rights. They need to go to jail for false informing. My nursing home job is in the air because of my charge. Noone believes me feeling helpless i sware .i didnt do anything to them unreal. I just got out of jail 100 dollar bond i want this throwed out. All it takes is a lie and two statements in angola indiana and im in jail. Wow. I really want to sue police for fslse arrest im losing my job. So much for innocent until proven guilty. A nightmare everyone says they didnt do it but i really didnt do it. Noone believes me

Attorney Answer

1
Jay Meisenhelder ·
First and foremost, you need to STOP MAKING POSSIBLY-INCRIMINATING STATEMENTS ON PUBLIC WEBSITES LIKE THIS ONE!!!! The police can, and very possibly do, read what gets posted here. Second, you need to get a criminal defense attorney to represent you. If you can't afford to hire your own attorney, the court will appoint a public defender. Third, once you have a lawyer, don't talk about your case to ANYONE other than your attorney unless he specifically tells you to. Next, I'd like to clear up a few misconceptions you seem to have. (a) The police do not have to have pictures in order to arrest you for battery. Testimony from two people that you committed the crime is clearly sufficient probable cause to arrest you. Even if the two witnesses lied, it's not the job of the police department to determine the truth. That's why you get a trial. If the police and prosecutor, after further investigation, determine that the witnesses lied, the prosecutor MAY charge them with false informing. (b) The police are NOT legally required to advise you of your rights when you are arrested. That's a common misconception caused by watching too many police shows on television. What the Miranda case says is that IF the police do NOT advise you of your rights at the time you are taken into custody, they cannot use any statement you make AFTER THAT POINT against you. (c) You can only sue the police for false arrest if they acted without probable cause, and the charge is eventually resolved in your favor. Since it appears the police had probable cause (unless you can prove the police KNEW the witnesses were lying), you have no false arrest claim. (d) Legally, you ARE still presumed to be innocent, because you have not been tried. However, that doesn't mean that the police can't hold you in custody, or require you to post a bond to insure that you show up for your trial. Finally, it's unfortunate that you may lose your job because of this, but Indiana (like nearly every other state) is an "at-will" employment state. That means unless you have an employment contract that says otherwise, you can be terminated at any time, for any reason (or even no reason at all), and without notice. Unless you can show that the real reason for your termination is BECAUSE OF your race, sex, religion, national origin, age, or disability, or that you were terminated in retaliation for exercising some legal right, the termination is legal. Good Luck!
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