He was arrested while I was away out of state. They held him for 4 days stating he did not pay a fine(in wich he did and even had the receipt on him) Monday when he was able to see the Judge he was release with many apologies. The city even was kind enough to wrtite him a letter to apologize again. But this ordeal tramatized my mentally challenged son so much. Do I need a lawyer to sue or can this case be handled in small claims?
2006-08-16 11:30:33 · 10 answers · asked by coker5563 1 in Politics & Government ➔ Law & Ethics
You need to contact a lawyer in your area. You would be doing your son a HUGE injustice by trying to pursue a case on his behalf in small claims.
2006-08-16 12:36:17 · answer #1 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
Usually small claims cases are for monetary damages that do not exceed $5000 and in some states $10K. Most likely the arrest and incarceration was lawful. I'm guessing that the fine was traffic related. Police have the liberty to use "trained judgment" when placing a person under arrest... threat to themselves or someone else, cool off time, time to conduct an investigation- with the "alleged criminal" in custody and out of the way. Mental disability is a very vague and generic term- I'm mentally disabled (Asperger's Syndrome) But I do function MOST of the time at above average and highly efficiency. I've been "falsely arrested" many times (3-4 times) It's my opinion that it was false- that is to be determined by a Judge or Jury.
Temporary insanity is no defense, nor is permanent mental or temporary mental disability. I don't intend to sound harsh- but if you can afford a lawyer or can find one on contingency, the ACLU does take cases as does the County State where you reside. It's based on the financial need of the applicant. It sounds to me that this may be a case of violation of civil liberties or something along those lines- many lawyers would take the case "pro-bono" as they are supposed to give back to society.
2006-08-16 15:20:37 · answer #2 · answered by ••Mott•• 6 · 0⤊ 0⤋
You need a lawyer. This isn't a matter for small claims. It seems you have a good case, so speak with several attorneys before deciding on someone to handle your claim. In addition to someone competent, with a good reputation and to whom you can relate, try to get someone who has brought a claim against the city before, there are just some additional hoops you need to pass through in those cases.
Lawsuits aside, I hope your son can recover from this ordeal in short order.
2006-08-16 12:15:14 · answer #3 · answered by Bright Light 3 · 1⤊ 0⤋
Contact a lawyer.
If you son was in the legal capacity to be issued a fine, then he probably able to be arrested. But I am not a lawyer, neither are most of the people on here.
2006-08-16 11:38:15 · answer #4 · answered by Jesse 4 · 0⤊ 0⤋
You definately need a lawyer. This is not a small claims court matter. If money is an issue there are lawyers that will work on contingency, if you get money, they get paid. Good luck!
2006-08-16 11:38:58 · answer #5 · answered by M. T 2 · 1⤊ 0⤋
It may be possible to sue for abuse, apologies aside, as those that arrested him obviously did not perform their job to the full extent expected of them.
Check with a lawyer with specific details.
2006-08-16 11:38:50 · answer #6 · answered by Elijah 2 · 0⤊ 1⤋
you will need a lawyer their are certain time regiments to give notice to city of intent to sue and certain documents must be presented not an easy case plus you must have Doctor documentation of the mental problems this false arrest caused your child
2006-08-16 12:30:03 · answer #7 · answered by goz1111 7 · 0⤊ 1⤋
maximum of those human beings replied here suitable - call the police, baby protection centers or all and sundry you come across. tell them you do no longer desire all and sundry understand your call and that they'll actual examine on the baby. do no longer consult from the mum and dad or the family members or maybe all and sundry which you advised on the baby. basically be happy that the baby could be taken care greater helpful - they greater helpful!!!!!
2016-12-17 12:03:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i really do not know about suing and things, but i do know that with the law now, they will bend things so far, and get away with it. i wish you luck with the bottom of my heart...
2006-08-16 11:39:20 · answer #9 · answered by coppecoppiloppioppa 2 · 0⤊ 0⤋
I don't really know, but if it can, I wish you the best of luck!
2006-08-16 11:36:08 · answer #10 · answered by Darth Vader 3 · 0⤊ 0⤋