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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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My wife made a false complaint of assault against my mom and

Customer Question

my wife made a false complaint of assault against my mom and police arrested her what can i do to get her released asap?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How do you know it is false please?
Customer: replied 2 years ago.

because she made a similar sort of complaint against me in the past and then gave me a written letter accepting a false complaint

Expert:  Jo C. replied 2 years ago.
OK.
But what is the evidence this si false?
I realise that is likely to be false but what evidence do you have that it cannot be true?
Customer: replied 2 years ago.

i dont have any evidence but what the next step i can take as i dont want my mother to spend overnight at prison

Am i allowed to go to station and meet her as shes nearly 70 and not in best of health?

Expert:  Jo C. replied 2 years ago.
They are very unlikely to remand her.
You can go to the front desk of a police station but they will not let you see her. They never do with suspects detained save for literally exceptional circumstances.
They are not going to remand a 70 year old woman for a common assault alone.
You can attend the station and make a S9 statement to the effect that you do not believe your wife's allegation which CPS will ignore.
Do not worry though. They will know that your wife has a history of doing this.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

but who can they keep her? what proof they have that she assualt her

problem is this thing happened when i was at work and my mom called me coz shes is new to this country and didnt know police number or english to communicate and by the time i reached home my wife already called the police to be on the safe side.

How long they can detain her for? will they keep her overnight?

Expert:  Jo C. replied 2 years ago.
The evidence they have is that your wife has made a statement against her.
They could remand her until court in the morning who could remand her in custody until the trial date.
Customer: replied 2 years ago.

so anyone can make a false complaint and get someone arrested?

Expert:  Jo C. replied 2 years ago.
Yes that is right.
That is why some people are found not guilty.