Right around 15:30 CST, two uniform police officers knocked on my door. Asked me who I was and of course I told them and they put cuffs on me. I asked what this was about and they said I had a warrent for my arrest. They would not say what for and later claimed it was for a failure to appear charge. I get to jail and upon them transferring me to the correctional officers I got a chance to see the warrent itself. On it the part where it says "for failing to appear on _________." Yep it was blank. Now they said it was a copy and I'd get a chance to find out in the morning.... They would not let me have that or a copy of it. A "pre-trial" clerk then met with me after having stayed over three hours in custody saying that she "thinks" its for an unpaid fine but when checking my records there was no unpaid fines.... A bond was set at $380 dollars so instead of spending the night in jail I opted to bond out. What can I do?
2007-03-08 13:26:09 · 24 answers · asked by Sleepyriggles 4 in Politics & Government ➔ Law & Ethics
Appear on your court date and prove your innocence. That's it.
Police officers and government employees cannot be held liable for mistakes that they make in good faith. If you were the wrong guy, paid the fine already, whatever, if the cops thought you had a warrant, they had a duty to arrest you and the fact that you are innocent doesn't matter.
The only way that you could bring any action at all would be if the cops had it in for you and used their 'office' to harass you, created evidence, lied under oath, etc. In that case, they would have committed a criminal act and lost the protection of their status as police officers.
2007-03-08 13:35:11 · answer #1 · answered by normobrian 6 · 0⤊ 0⤋
If the sentence involves any potential jail time, then you are entitled to a court-appointed attorney.
The arrest might have been a mistake, or there might be an outstnading warrant and the details haven't surfaced. Either way, false imprisonment takes a lot more than just a mistaken arrest. Especially if the cops had a valid arrest warrant, even if the reasons for the warrant weren't specified.
2007-03-08 13:30:32 · answer #2 · answered by coragryph 7 · 1⤊ 1⤋
Phone the Police back and ask them why the warrant for your arrest was blank. In other words get them to confess to their wrong doing for arresting you without a reason and jailing you. MAKE SURE YOU RECORD IT ON SOME KIND OF A RECORDING DEVICE. Use 2 phones. One for you the other for the recorder. Make sure the recorder volume is on Man and the batteries are brand new. Don't forget to use a clean tested tape that works.
2007-03-08 13:35:25 · answer #3 · answered by sandwreckoner 4 · 1⤊ 0⤋
At your arraignment (first court appearance), if you declare indigence, a public defender will be appointed to you, if the DA's office has filed charges against you.
You will then be apprised as to the charges against you.
However, if you want to institute a suit against the arresting officers, your circumstances, as indicated by your posting, do not warrant a civil suit.
Check out the link below to
Bivens v. Six Unknown Named Agents
Of The Federal Bureau Of Narcotics
403 U.S. 388 (1971)
Good luck!
2007-03-08 14:24:10 · answer #4 · answered by MenifeeManiac 7 · 2⤊ 0⤋
First of all depends on what country you are in if this was in the States you can get a public defender from the courts automatically because you don't have the means to afford your own lawyer. Could be someones stolen your identity? Seriously this can get out of hand I had a friend who had all these fraudulent charges brought up on her and it took a long time to straighten out and not to mention her credit was shot and that was another nightmare in itself.
2007-03-08 13:36:27 · answer #5 · answered by Happy2bAlive 4 · 1⤊ 0⤋
If you are in any city in America, there are probably only 20 or 100 attorneys in your city who will happily sue the police for wrongful arrest on the 'no win, no fee' basis. If there really is no justification for your arrest, wrongful imprisonment also seems like an avenue to explore.
2007-03-08 13:39:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you were kept in jail before the hearing and then let go without being found guilty there is not much you can do.
There should not be any thing on your record that will affect you ability to get employment.
2007-03-08 13:34:33 · answer #7 · answered by Aliz 6 · 0⤊ 0⤋
I particular think of that must be a swell concept! exceedingly in case you all come again in physique luggage!! be sure you're taking Ted Kennedy alongside!! you could to boot take Kerry, Reid, Pelosi, Feinstein, Hillary and another liberal government respected alongside to boot. Oh what a sturdy day for united statesa.!!!
2016-11-23 16:25:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Get yourself a lawyer that will take your case on commission and sue the hell out of them. The law states they have to tell you what you are charged with or by law they can hold you for up to 72 hours on suspicion.
2007-03-08 13:43:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
when you go into court IF they are seeking jail time, then you request an attorney you will fill out financil papers etc. and then be given a lawyer. If they do not seek jail time your best bet is to call around and ask an attorney who gives free consultations, what to do or how to proceed. Good luck.
2007-03-08 13:31:15 · answer #10 · answered by Anonymous · 0⤊ 1⤋