Drug Crimes, Substance Abuse Arrested for past history

[watchingitall]

I have a daughter that was just arrested. She was dating a boy and the mom found out about her past drug use and arrests and wanted her to stop seeing him so she pressed charges that said she stole prescription drugs from her house. The mom is an addict and has stolen money from both her children. How can my daughter be arrested by the mom just making accusations? They told us a judge had to sign off on this warrant to have her arrested. Is her past probable cause to arrest?

 

[Antigone]

I have a daughter that was just arrested. She was dating a boy and the mom found out about her past drug use and arrests and wanted her to stop seeing him so she pressed charges that said she stole prescription drugs from her house. The mom is an addict and has stolen money from both her children. How can my daughter be arrested by the mom just making accusations? They told us a judge had to sign off on this warrant to have her arrested. Is her past probable cause to arrest?

Yes is can certainly be used to help secure the arrest warrant.

 

[watchingitall]

Will she have to appear in court again and go through this and have it on her record or if proven that it is false accusations will she be free of it?

 

[mightymoose]

A lot of details are missing here. It is unlikely that she was arrested without having located the drugs in her possession or unless she made incriminating statements when contacted by police.
I realize you are the parent, but you might not have all the info, and there is a ton of it missing here.

 

[army judge]

An arrest is not a conviction.
Your daughter is innocent until proven guilty in a court of competent jurisdiction.
Do not concern yourself with a mere arrest.
Do concern yourself with her defense, and she should be concerned about that, too.

You and your daughter should work with her defense attorney.
If she can't afford one, the court will appoint one for her.
In the interim, advise her to make no statements to anyone, except her defense attorney.

 

[watchingitall]

They came to our house to arrest her. She has not spoken with the police over this. The police did not show the warrant to us when asked if they had one and the officer said the complaint was enough to get a warrant. I also called the police station and verified that the warrant was valid. When we bailed her out of jail. The warrant only states the mothers complaint and accusations. If proved invalid can my daughter file charges against this crazy mother for false accusations?

 

[jharris352]

Yes you could file a civil complaint against her if you prove her accusations are false. You understand there is a difference between criminal "not guilty" and civil proof that the accusations are false. But yes you can do it.