MY HUSBAND WAS ARRESTED THIS PAST WEEKEND ON 2 ACCOUNTS OF DOMESTIC ABUSE, 2 CHARGES OF BATTERY AND A DISORDERLY CONDUCT. THESE CHARGES ARE SUPPOSEDLY AGAINST MY MOTHER AND I. WE DID NOT CALL THE COPS NOR DID WE FILL OUT ANY STATEMENTS OR ASK CHARGES TO BE PRESSED. PEOPLE AT THE BAR THINK THEY SAW SOMETHING THAT THAT MOST CERTAINLY DID NOT. IVE E-MAILED THE D-A ON HIS BEHALF AND SO HAS MY MOTHER. WE HAVE NOT YET RECEIVED A RESPONSE. WILL HE HAVE A CHANCE OF THESE CHARGES BEING DROPPED? THEY ALSO POSTED HIM NAME 2DAYS IN A ROW IN THE POLICE DAILY LOG OF THE NEWSPAPER. NEED A BIT OF GUIDANCE PLEASE.
Yes - that's why the song Famous in a Small Town has those lyrics:
Every last one, route one, rural heart's got a story to tell
Every grandma, in law, ex girlfriend
Maybe knows you just a little too well
Whether you're late for church or you're stuck in jail
Hey words gonna get around
Everybody dies famous in a small town
all kidding aside yes matter of public record like others have mentioned. Although you and your mother have emailed the DA, he/she doesn't have to respond or dismiss. The process will being w/ an initial appearance then discovery then you will learn a lot more.
I'll skip the suspense and say if charges dropped most likely that won't be in paper sadly. Doesn't make for good headlines. Good luck!
Arrests are a matter of Public record. The newspaper has every right to publish names of arrests. The DA can also make charging decisions based on reports of other possible witnesses if the DA believes those people. Also, even as a victim in Wisconsin, the DA and the State press charges and the decision is not left to the victim. If your husband is charged, be sure he seeks out legal counsel and calls the local Public Defenders office if he needs assistance.
Defamation is the publication of inaccurate information, but printing truthful information, even if unpleasant, if constitutionally protected freedom of the press and more or less the job of a newspaper. If there was a mistake, they will probably print a retraction, if you ask them nicely. Likewise, if he really is charge and later found not guilty, they might be willing to publish that as well.
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This is not really a civil rights question. Newspapers are free to publish matters of public record, and that includes the police blotter. If these are misdemeanor charges and was booked and released, it is possible that the DA's office hasn't even reviewed the referral yet. Once charges are filed, if you and your mother are considered the victims, you will be receiving victim's rights notification from the DA, and ultimately have the opportunity to consult with the assigned prosecutor. Until the case is formally charged and assigned, I wouldn't really expect a response.
Your husband should hire a criminal defense lawyer now, and not wait to see what happens.
