Other Criminal Charges & Offenses Can you get arrested for making a criminal threat on heresay?

[DividedWeFall]

Can you get arrested (felony) for making a criminal or terrorist threat based on heresay only of ONE person? I thought there had to be several witnesses. My friend got mad at his neighbor (an old man) and he called the cops and said my friend threatened to kill him. It was just his word against my friend's word. Can he get arrested?

 

[army judge]

Can you get arrested (felony) for making a criminal or terrorist threat based on heresay only of ONE person? I thought there had to be several witnesses. My friend got mad at his neighbor (an old man) and he called the cops and said my friend threatened to kill him. It was just his word against my friend's word. Can he get arrested?

Arrests are simply inconvenient.
It's the trial and subsequent conviction that your friend should focus his efforts on defending himself.
It's quite common for the police to arrive, hear one side of the story, then the other, and act.
The police also arrive and observe the action, eventually choosing to arrest someone, or no one.

The police act when they believe there's probable cause to indicate Sammy robbed Jimmy.
Sammy should remain silent, ask for a lawyer, bond out, and work with his lawyer to defend against the allegations.
Your pal should follow the path taken by Sammy if he is arrested.
In the future, tell your buddy to shut up and walk away.
If he'd done that, he'd not to worry about being arrested, charged, and tried.
We're all innocent until proven guilty before a jury of our peers.

 

[DividedWeFall]

God that is scary, we should all be afraid!!! Heck, if we tick someone off, they can just make up a story and your life is screwed, out money for a lawyer (I'm talking about if you really are innocent) and you have a record for who knows how long, all because of some old bastard who lied. Please tell me, can he try to sue the police for false arrest if there are no witnesses or videos?

 

[mightymoose]

Forget about suing police and other ideas that lead nowhere. Whether there are witnesses or not it would be best for your friends to not make threats. Look up Penal Code 422 to get an idea of what a criminal threat is.

 

[CdwJava]

Can you get arrested (felony) for making a criminal or terrorist threat based on heresay only of ONE person?

Can you be arrested for making a criminal threat in violation of PC 422 with only one witness? Yes. That's NOT "hearsay."

I thought there had to be several witnesses.

You thought wrong. If that were the case, then there'd be very few domestic violence offenses prosecuted.

My friend got mad at his neighbor (an old man) and he called the cops and said my friend threatened to kill him. It was just his word against my friend's word. Can he get arrested?

That depends on what is said, if there is any other evidence, and if the elements of PC 422 were met. He might get charged with challenging to fight or some related disturbance charge under PC 415, instead. As with all things, the situation will be fact driven. Facts none of us have.

 

[CdwJava]

God that is scary, we should all be afraid!!! Heck, if we tick someone off, they can just make up a story and your life is screwed, out money for a lawyer (I'm talking about if you really are innocent) and you have a record for who knows how long, all because of some old bastard who lied. Please tell me, can he try to sue the police for false arrest if there are no witnesses or videos?

An arrest is based upon probable cause. Probable cause is a relatively low standard and can potentially be found through the allegations of one party. And, if that party insisted upon a private person's arrest at the time, then the police would be required to act on that desire.

So, unless the police completely disregard the law, there would be no grounds for suing the police for making the arrest.

 

[disagreeable]

In some localities you have committed a misdemeanor by yelling at someone and making them afraid of you. As noted he needs to defend charges in court. Arguing his case to the police is meaningless.

 

[CdwJava]

This may not even be headed to court. Most the time these matters are dealt with by the police telling both parties to leave the other alone or seek a restraining order. The elements of criminal threats per PC 422 can be pretty steep, so it's unlikely that he'll be charged or arrested with that particular offense. And DAs tend not to file on single incident disturbing the peace events such as a challenge to fight, so if this does not continue, it may be done.

 

[Betty3]

Can you get arrested (felony) for making a criminal or terrorist threat based on heresay only of ONE person? I thought there had to be several witnesses. My friend got mad at his neighbor (an old man) and he called the cops and said my friend threatened to kill him. It was just his word against my friend's word. Can he get arrested?

It's possible for him to get arrested but that doesn't mean he definitely will.