Can an arrest warrant be issued based solely on the allegations of 1 victim?

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Can an arrest warrant be issued based solely on the allegations of 1 victim?

My son was arrested by college police. They went on the word of the other “victim”. There were no marks, no broken bones, just words that this so-called victim said that my son said. He has been charged with simple assault and terroristic threats because the so-called victim said he said he was going to kill him and grabbed him by the neck. Now my son has a mark and pictures were taken on his neck where the other so-called victim stabbed him in the neck with a mechanical pencil. But, my son was arrested when the other so-called victim pressed charges and got a temporary restrainingorder. Should we speak to a criminal defense attorney? In Warren County, NJ.

Asked on November 30, 2010 under Criminal Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would indeed consult with an attorney about the matter.  As for an answer to your question "can an arrest warrant be issued based solely on the allegations of 1 victim?" the answer is most definitely yes.  Arrest warrants are sworn out all the time on allegations of one victim.  What happened here appears that the other party to the altercation with your son got to the campus police before your son did.  I am not going to pass judgement on the events or on what seems to be a lack of investigation in to the incident by the campus police.  That is for your attorney to do.  Good luck.


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