I was arrested for a felony. I have a lawsuit against the person who filed charges. Can they arrest me without an intention to commit the crime.
If you mean motive, then no they do not need to allege that you had a specific motive to commit a crime. Other than statutory rape, crimes require two main components: actus reus and mens rea. In short, in order to be found guilty, the State must prove that you committed the act and that you had the mental state necessary to commit the act. I don't suggest you post specific facts on a public website that is not confidential or privileged but it is in your interest to speak to an attorney about your specific case.
Richard Southard
212-385-8600
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
Your intent can be "inferred" from your actions w/out a specific statement by you of your intent.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net
Much more information is needed here. I believe you mean the police did not evaluate the credibility of the statements prior to filing charges. They do not have to investigate the allegations but can use the statements to establish probable cause for the charge. The allegation can be shown to be false and this information should be placed before the DA ASAP. Call an experienced criminal defense attorney from the area where this happened.
Your question either doesn't make much sense or there is more information that is required. If there was probable cause to believe that you committed a crime the police can arrest you. This has nothing to do with whether or not you have a civil suit pending against the complainant. If you were arrested and now have felony charges pending against you, the best advice you can get here is to retain an attorney as soon as possible. After reviewing ALL of the facts s/he would best be able to advise and guide you on what your options are.
The question seems very vague, but the standard needed for a valid/legal arrest is usually "probable cause". Probable cause is based on circumstances, facts/information, the officer's training and experience, etc. The question the court usually asks is whether a reasonable officer under the circumstances would reasonably believe that a crime was committed or in progress.