Assault & Battery False imprisonment?!?!? And it's a felony?!?!?

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cherrytea

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:confused: Okay, here's the deal. My mother & brother were arrested a few days ago. My mother was charged with false imprisonment and my brother was charged with false imprisonment & battery. My mother left my step-father because of his drug habit. He does cocaine and if that's not bad enough he hasn't been paying the bills and has also started pawning things, even things that aren't completely paid for and using the money for cocaine. She went out to their house a few days ago with my barely 18 year old little brother, his friend, and my other little brother to pick up their vehicle which is in both of their names(she wanted to get it because 1st of all he has no liscence & 2nd of all she didn't want him hauling around drugs in it.) Everyone was in the house except my mother and step-father, they were out at his rickety shop discussing the situation. He became very aggressive and he has been known to get violent in the past, so my mother shut him in the shop and lodged a screwdriver in the latch of the door to hold him long enough for everyone to escape without anyone getting hurt. She ran in the house and rushed the boys to leave before he escaped. My mother hopped in one vehicle and my little brother in the other and were about to leave when my step-father kicked down the wall of the shop and charged toward the vehicle with my mother and my brother's friend in it. Then he charged towards the other vehicle with my 2 little brothers in it and snatched the keys out of the ignition and snatched the one in the driver's seat out and threw a punch at him. My little brother ducked the punch then punched him in the head once and kneed him in the head a few times. Then they left and called his mother and told her he needed to go to the hospital. My mother and brother had intended to go and press charges on him after they picked up their trailer which my step-dad had hauled off to his friend's house. Before they could do this my mother and little brother were both arrested and were told that they couldn't press charges on my step-father. They sat in jail for 3 days before their bail was set and my brother did not receive medical attention for his hand, I had to take him to the hospital after he was bailed out because his hand was obviously broken. Was it legal to deny him medical attention?

Noone I know had ever heard of false imprisonment, which is a felony mind you. What can they be facing? This charge can't stick, can it? My mother had not intended on holding him captive, first of all there was electricity and all kinds of power tools in the building and second of all she had intended on sending someone to let him out as soon as they left. My little brother is about to graduate from high school in December and has been planning on joining the Marines for years, if this isn't dropped, he won't be able to graduate or become a Marine, he was just defending himself, he wasn't the instigator, he'd never been in trouble before now. PLEASE help, we really need answers. :confused:
 
it is common practice for prosecutors to charge a pretty high charge and then wait for the defendant to plead it down, so don't be surprised at the felony charge. Get an attorney, though, because there is a lot on the line...
 
Thanks NYClex, that makes me feel a little better. Just one problem though, they can't afford an attorney, someone is supposed to be assisting them with getting a public defender. Judging by the "help" these people have given them so far, I don't expect they will get one.
 
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