My nephew was at home when his son was chased by a group of 6-8 boys all older than he is onto the back porch.
My nephew told the group to leave but they wouldn't, my nephew dumped a cup of cold coffee out and some of the coffee may have spalshed onto one of the boys in the group.
The boys older brother came to my door very excited. He was basically threatening me. When I explained what happened he calmed down a little and then went and found my nephew and got abusive.
Unknow to us, some one called the police, problably the older brother. This was about 2 hours after the incident. The police arrested my nephew and charged him with risk of injury to a minor.
The group of boys were not charge.
When I told the police that I was threatened they made a veiled threat - stating that if I pressed charges I would likely get arrested. The he justified the older brothers threat saying 'how would you like it if someone threw hot coffee on your child.
I told the officer that I was right there when this happened and that was no coffee was thrown at anyone. The officer stated that he had enough evidence to arrest my nephew and left. I told the officer that I wanted the older brother arrested and he said he would be back but never returned.
I called the police station later and spoke to the same officer and asked whether the older brother was arrested yet and was again warned that I would problably get arrested if I pressed charges. I asked for what. I was told that someone had seen me having an 'heated discussion' with the older brother (this would have been at my fron door' I asked who said this and was told that they were minors and thus he couldn't reveal their names.
Questions:
1.) Was this false arrest?
2.) My nephews attorney asked that I not make a stink about this until after my nephew straightens out his case .. is this wise. (Note: the attorney isn't on retainer, he's just helping my nephew out for now hoping that the prosecution will make a deal with my nephew and thus save my nephew about $10,000)
3.) I live in a Condo complex. Should I ask the condo association to press trespassing charges against the indivuals who came onto the 'common property'.
4.) What's the best way to document what has happened without letting the police or the D.A. know. I believe my nephews lawyer wants to keep everything quiet so as to suprise the prosecution if the case goes to court.
5.) Also the older brother is supposedly has a criminal record. How can I find out what his record is?
6.) When the police told me I would likely get arrested was that proper. Are there any reasons why the police didn't take my statement or arrest the older brother for threatening?
My nephew told the group to leave but they wouldn't, my nephew dumped a cup of cold coffee out and some of the coffee may have spalshed onto one of the boys in the group.
The boys older brother came to my door very excited. He was basically threatening me. When I explained what happened he calmed down a little and then went and found my nephew and got abusive.
Unknow to us, some one called the police, problably the older brother. This was about 2 hours after the incident. The police arrested my nephew and charged him with risk of injury to a minor.
The group of boys were not charge.
When I told the police that I was threatened they made a veiled threat - stating that if I pressed charges I would likely get arrested. The he justified the older brothers threat saying 'how would you like it if someone threw hot coffee on your child.
I told the officer that I was right there when this happened and that was no coffee was thrown at anyone. The officer stated that he had enough evidence to arrest my nephew and left. I told the officer that I wanted the older brother arrested and he said he would be back but never returned.
I called the police station later and spoke to the same officer and asked whether the older brother was arrested yet and was again warned that I would problably get arrested if I pressed charges. I asked for what. I was told that someone had seen me having an 'heated discussion' with the older brother (this would have been at my fron door' I asked who said this and was told that they were minors and thus he couldn't reveal their names.
Questions:
1.) Was this false arrest?
2.) My nephews attorney asked that I not make a stink about this until after my nephew straightens out his case .. is this wise. (Note: the attorney isn't on retainer, he's just helping my nephew out for now hoping that the prosecution will make a deal with my nephew and thus save my nephew about $10,000)
3.) I live in a Condo complex. Should I ask the condo association to press trespassing charges against the indivuals who came onto the 'common property'.
4.) What's the best way to document what has happened without letting the police or the D.A. know. I believe my nephews lawyer wants to keep everything quiet so as to suprise the prosecution if the case goes to court.
5.) Also the older brother is supposedly has a criminal record. How can I find out what his record is?
6.) When the police told me I would likely get arrested was that proper. Are there any reasons why the police didn't take my statement or arrest the older brother for threatening?
