Assault & Battery Wrongly arrested and it cost my job

[Badluck79]

Someone called the police on my girlfriend and I . We had been arguing outside over a misplaced rented movie. I told my girlfriend she probably gave it away or allowed someone in that had stole the movie. She got upset because I indicated it was her fault.We always set DVDs on our small dresser and my girlfriend being upset yelled its probably behind the dresser . She then forced the dresser away from the wall to look and the dresser fell over . Shortly after we heard a knock on the door . It was the police and they immediately grabbed me and forced me outside they said someone called the police on us for fighting .I was questioned separately and told them what happened. My girlfriend told them the exact same thing of course because its the truth. My girlfriend had an appointment and she needed to go so after she told them what happened she was told everything was gonna be fine and she should go to the appointment. After she left one officer told me he believed we were lying and arrested me for domestic battery. I have had a domestic in the past and the policeman told me that I knew the drill and he believed i had coached her on how to act. I was shocked and later when my girlfriend found out she was shocked. There was no physical damage to her . She and I both told them nothing physical was done to each other . The policeman even said my girlfriend had no signs of physical damage. It cost me my job . I believe I was arrested just on the basis that i had a domestic in the past and this arrest help them make money . I believe this because there was no evidence to support the arrest. My girlfriend and I are both upset over the ordeal and don't know what to do.

 

[army judge]

Someone called the police on my girlfriend and I . We had been arguing outside over a misplaced rented movie. I told my girlfriend she probably gave it away or allowed someone in that had stole the movie. She got upset because I indicated it was her fault.We always set DVDs on our small dresser and my girlfriend being upset yelled its probably behind the dresser . She then forced the dresser away from the wall to look and the dresser fell over . Shortly after we heard a knock on the door . It was the police and they immediately grabbed me and forced me outside they said someone called the police on us for fighting .I was questioned separately and told them what happened. My girlfriend told them the exact same thing of course because its the truth. My girlfriend had an appointment and she needed to go so after she told them what happened she was told everything was gonna be fine and she should go to the appointment. After she left one officer told me he believed we were lying and arrested me for domestic battery. I have had a domestic in the past and the policeman told me that I knew the drill and he believed i had coached her on how to act. I was shocked and later when my girlfriend found out she was shocked. There was no physical damage to her . She and I both told them nothing physical was done to each other . The policeman even said my girlfriend had no signs of physical damage. It cost me my job . I believe I was arrested just on the basis that i had a domestic in the past and this arrest help them make money . I believe this because there was no evidence to support the arrest. My girlfriend and I are both upset over the ordeal and don't know what to do.

The police arrested you on probable cause.

That standard is significantly less that what is required to convict, beyond a reasonable doubt.

If you have a cause of action, it rests against your former employer.

however, don't get your hopes up about that, because an employer doesn't need a reason to terminate an "at will" employment situation, and neither do you.

As you already know the drill, according to one of the arresting officers, you know what you need to do next: plead not guilty, shut up, lawyer up, and wait.

 

[cbg]

There is no cause of action against the employer.

 

[Badluck79]

I don't understand where the probable cause comes in since my girlfriend didnt get touched said she didn't get touched and appeared to not have been touch . It's hard to believe an anonymous call whom was not questioned after the call in person or anyway can be probable cause for an arrest. And what's the point of a past conviction to be able to convict me again and again

 

[Badluck79]

Also I just started my job I signed a paper regarding attendance and it stated i was allowed 2 pts. This absence did not put my over the 2 pts. alloted .

 

[Badluck79]

If your not going to be of help please don't respond , thank you

 

[cbg]

Is that addressed to the person who incorrectly said you did have a cause of action against your employer, or the one who correctly said you did not?

Google, at-will employment. The chances that the "paper you signed" prohibits the employer from firing you unless you have two points are slim to none.

 

[army judge]

I don't understand where the probable cause comes in since my girlfriend didnt get touched said she didn't get touched and appeared to not have been touch . It's hard to believe an anonymous call whom was not questioned after the call in person or anyway can be probable cause for an arrest. And what's the point of a past conviction to be able to convict me again and again

An arrest is not a conviction. An arrest is simply the opinion of the arresting officer that he or she has probable cause to believe a crime was committed and you committed it.

That said, you are innocent UNTIL proven guilty.

There is no nexus between your arrest and the possibility of you losing your job. Perhaps the employer discovered that you had previously been convicted of a crime? I don't know why, but it doesn't matter.

If you're an at will employee, getting fired is easier than getting hired.

Again, plead not guilty, use your right to remain silent, ask for a lawyer, follow the counsel of your lawyer, and wait for your day in court. The prosecutor may refuse to accept the case, and it'll be kicked before it even goes to trial. But, the process has been initiated. So, I suggest to you to do as instructed and wait.

I don't know why the officer arrested you. You and your lawyer will be able to determine why soon enough.

Again, if your employer fires you, that's another matter. You can be fired because your boss dislikes you, you part your hair wrong, you're bald, or just because its Tuesday and he or she feels like firing someone.

You can sue anyone for a few bucks and because you filled out a few forms. That doesn't mean you have a case. You simply have the right to sue almost anyone you can serve. That's a far cry from having a case that looks to be a winner. By the way, even good cases get lost, and bad cases get won. Go figure, it's America.

 

[Betty3]

Also I just started my job I signed a paper regarding attendance and it stated i was allowed 2 pts. This absence did not put my over the 2 pts. alloted .

Your absence may not have been the reason that cost you your job or the only reason. Also, a signed paper re attendance most likely will not rise to the level of a binding employment contract.

You'll need to look for other employment & apply for unemployment ins. The state will decide if you qualify.

 

[Betty3]

http://en.wikipedia.org/wiki/At-will

 

[Badluck79]

This job was everything to me . I didn't do a thing wrong and I have to pay drastically for a cops unjust actions . I believe the cop knew he was doing wrong and gets off on having the power to ruin my life .

 

[Badluck79]

I don't believe I know the cop knew he was unjust all he seen was an opportunity for himself

 

[cbg]

And the cop knew that your employer would fire you if you were arrested? He has the power to read your employer's mind?

 

[Betty3]

The bottom line is you have no cause of action against your employer no matter what the police officer did. Sorry.