I was wrongfully arrested! what can I do.

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Latest post Sun, Jul 10 2011 7:29 PM by lawbuff. 19 replies.
  • Sun, May 29 2011 11:52 PM

    • Dbro385
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    Angry [:@] I was wrongfully arrested! what can I do.

    I was arrested a littile over a year ago for felony larceny w/o bieng presented a warrant or bieng read my rights but, besides that the crime was caught on camera at a hotel that I have never been to. I was placed on a 10,000$ bond and told I was getting two years unless I took a plea. I declined the plea and was indicted to superior court. This whole time the DA had a tape of the real criminal which I didnt even resemble. It wasnt until my lawyer pointed out months later that my ****'n eyes were not the same color as the person on the video. After that my upcoming court date disapeared and no trace of the case can be found. My lawyer was court appointed so he is no help. There was no probable cause for putting me through this ***heck. I have never been convicted of larceny or any other criminal charge besides speeding. I want to know if I have any options and I want someone to answer for causing me to pay for something I didn't do. WHAT DO I DO?? please help.

  • Mon, May 30 2011 12:55 AM In reply to

    • vakyin
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    Re: I was wrongfully arrested! what can I do.

    No

    They thought you did it, they were wrong, and now you are apparently free of the charge...What more could you want?  People make mistakes all the time.

    I'd say your know-nothing court appointed lawyer did a good job.

    Go on and lead a happy life.

     

  • Mon, May 30 2011 9:53 AM In reply to

    Re: I was wrongfully arrested! what can I do.

    Dbro385:
    I was arrested a littile over a year ago for felony larceny w/o bieng presented a warrant or bieng read my rights

    An arrest does not always require a warrant and Miranda is only required if the cops intend to question you AND the state intends to introduce the statements you make as evidence at trial.  Your remedy for failure to being read your Miranda rights is suppression of any statements made.  

    Dbro385:
    My lawyer was court appointed so he is no help.

    Really?  He got the case dismissed.  How is that no help?

    Dbro385:
    There was no probable cause for putting me through this

    A crime was committed.  That is probable cause.  You fit the basic description.  Your lawyer proved you were not the culprit and the charges were dismissed.  That is how the justice system works.  

    Dbro385:
    I want someone to answer for causing me to pay for something I didn't do.

    You DIDN'T pay for something you didn't do.  Park the drama llama in the paddock.  Unlike the answer from Downtown 42, the odds on your having a suit against the police are slim to none.  They have sovereign immunity for performing their jobs.  They reasonably believed you had believed you committed a crime and arrested you.  As long as they had probable cause they are immune from suit for the arrest.  Unless you get the state to waive immunity you won't be able to sue them for a wrongful arrest as he suggests.  It isn't that simple.

    Dbro385:
    WHAT DO I DO?

    Move on with your life its over.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Mon, May 30 2011 10:04 AM In reply to

    CM-

    Please refrain from statements like "park the drama llama" and the like. We have no way of knowing how a poster's situation might have impacted him/her emotionally or otherwise. It just reads poorly and causes many posters to feel defensive.

    Thanks for your cooperation.

    Sharon

  • Mon, May 30 2011 10:58 AM In reply to

    Re: I was wrongfully arrested! what can I do.

    Unfortunately the only thing you can do is vent your frustrations out on this forums.  The system:police, lawyers, and judges don't care about us. They protect there own. I have friends who work Law Enforcement, they are taught how to cover there butts, prosecutors will tell them how to rewrite and word reports, lawyers won't tell judges the whole truth and judges don't always want to know because it makes there job harder.  The system is probably more criminal than some of the crimes being committed on the streets.  they have the power and backing to lie and they are protected.  No cop, lawyer, or judge likes to take down one of there own unless they really have to and that's usually a high profile case where the media gets involved.  Not saying they are all unethical but it happens alot.

  • Mon, May 30 2011 2:16 PM In reply to

    Re: I was wrongfully arrested! what can I do.

    Downtown_42:
    We have not seen the OP or the tape. So, we can not judge the resemblance.

    This site is for GENERAL legal information.  You need to go back and read the site rules.  You cannot give the OP specific legal advice as you did in your first post advising them that they were innocent, they need to sue for false arrest, or whether or not there was probable cause.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Mon, May 30 2011 5:56 PM In reply to

    • Ford
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    Re: I was wrongfully arrested! what can I do.

    Downtown_42:
    Second, there is a videotape. Either the OP strongly resembles the guy on the tape, or he does not. If he does not, then there was no probable cause.

    We aren't aware if the police had the tape at the time of the arrest.  Quite possible they did not.

  • Mon, May 30 2011 5:57 PM In reply to

    • Ford
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    Re: I was wrongfully arrested! what can I do.

    southeast:
    Unfortunately the only thing you can do is vent your frustrations out on this forums.

    That's exactly what the boards are NOT here for.  Don't encourage that.

  • Mon, May 30 2011 6:00 PM In reply to

    • Ford
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    Re: I was wrongfully arrested! what can I do.

    Dbro385:
    It wasnt until my lawyer pointed out months later that my ****'n eyes were not the same color as the person on the video. 

    AND

    Dbro385:
    My lawyer was court appointed so he is no help.

    Sounds like your attorney got the state to dismiss the charge...  That sounds like help to me.

    If you mean he won't help you sue the state, that's right.  You aren't entitled to appointed counsel for that.  If you have a viable case, some attorney will take it on contingency.

    Nobody here can tell you if you have a case or not.  A false arrest claim would normally be analyzed from the information available to the officers at the time of the arrest.  If they didn't have the video, or didn't have time to review it, that isn't going to work against them.

    What's lacking in your post is how you came into their radar in the first place.

    If the state didn't disclose the video and they knew it was exculpatory, then you may have a Brady violation.  Google that.

  • Tue, May 31 2011 9:51 AM In reply to

    • Dbro385
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    Re: I was wrongfully arrested! what can I do.

    There had been a video tape from the beginning ( 4 months before I was initialy arrested) The detective working the case came to my residence when I was not home with a picture of the person who did the crime. I lived with my mother at the time and she had told the Det. that it wasnt he son in the picture and that I niether dressed, had the same build and I had diffrent color hair. The Det. on the case left a phone number for me to call saying he wanted me to identify the person in question. I had called him not even three hours after leaving multiple messages on his cell and called and multiple times after just to be helpfull. Later in court he wrote in the report that I refused to talk to him about the crime. To eveyone else I dont believe they had probable cause to arrest me. In no way besides age do I fit the discription of the perp. And my court appointed lawyer at first thought I was guilty before getting the evidence against me and kept advising me to plea but I refused. He ended up bieng a great lawyer .. I meant he was no help on what I can do about me feeling my civil rights had been violated by this arrest.

  • Tue, May 31 2011 9:56 AM In reply to

    • Dbro385
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    Re: I was wrongfully arrested! what can I do.

    Im not sure how they came upon me. I was arrested in Jan and the crime took place in Nov. My Lawyer had told me he didnt understand why they are charging me because the DA reviewed the tape and sent it to my lawyer and my lawyer relized it didnt even resemble me. He had to send it back to the DA to review it a second time before the case disapeared .. and thank yo for your info.

  • Tue, May 31 2011 10:00 AM In reply to

    • Dbro385
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    Re: I was wrongfully arrested! what can I do.

    Also the case had never been dismissed. The courtdate just disapeared off the calander and my other lawyer ( who I had hired to clean up my driving record) could not find any information or any previous record of this case in court. This washard for me to believe because it went to the grand jury and I was indicted . . how could the case vanish?

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