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Sir, I just wanted to share the case of my father and seek a piece of advise.
My father was driving a car and with the influence of alcohol. He was driving approximately 20 kph and the side mirror slightly hit a woman. We brought the woman to the hospital but there is no injury or even bruise. When we settled it at the police station. Both sides agreed that there will be no more case to file. Since, my father was in the influence of alcohol, he was able to say something that trigger the ego of chief of police. Unfortunately the woman is the wife of police chief. He detained my father at 5:30pm friday.
The chief of police informed us that he already file a case at 11pm friday 1. reckless imprudence resulting to slightly physical injury 2. resistance & disobedience in agent/authority.
1. What are the basis with these cases that a person should undergo into imprisonment?
2. Can they file a case to the prosecution office at 11pm Friday which is not an office hour anymore?
3. After 4 days (tuesday) We're done in processing the release order but the police chief did not accept it because he wanted to have a separate release order for the 2 cases. (In fact the release order already stated that we already settled the bail for reckless imprudent and included to resistance & disobedience because as per the judge this is only a minor case and no bail is required)
4. The police chief tried to convince my father to sign a document stated an extension for his detention. And waiver that he will not file a case against him.
We decided to file a case against to police chief with these following cases.
1. arbitrary detention
2. abuse of authority
Please advise us the appropriate case to file.
My father was driving a car and with the influence of alcohol. He was driving approximately 20 kph and the side mirror slightly hit a woman. We brought the woman to the hospital but there is no injury or even bruise. When we settled it at the police station. Both sides agreed that there will be no more case to file. Since, my father was in the influence of alcohol, he was able to say something that trigger the ego of chief of police. Unfortunately the woman is the wife of police chief. He detained my father at 5:30pm friday.
The chief of police informed us that he already file a case at 11pm friday 1. reckless imprudence resulting to slightly physical injury 2. resistance & disobedience in agent/authority.
1. What are the basis with these cases that a person should undergo into imprisonment?
2. Can they file a case to the prosecution office at 11pm Friday which is not an office hour anymore?
3. After 4 days (tuesday) We're done in processing the release order but the police chief did not accept it because he wanted to have a separate release order for the 2 cases. (In fact the release order already stated that we already settled the bail for reckless imprudent and included to resistance & disobedience because as per the judge this is only a minor case and no bail is required)
4. The police chief tried to convince my father to sign a document stated an extension for his detention. And waiver that he will not file a case against him.
We decided to file a case against to police chief with these following cases.
1. arbitrary detention
2. abuse of authority
Please advise us the appropriate case to file.
