False Arrest and Malicisous Prosecution

Previous | Next
 rated by 0 users
Latest post 07-21-2014 4:22 PM by gemini47. 36 replies.
  • 09-27-2012 1:49 PM

    False Arrest and Malicisous Prosecution

    A bizarre and strange episode happened to me on the morning of April 7, 2011, as I was preparing to fly to Los Angeles from Chicago's O'Hare airport.  I was off to fly to L.A. to establish a California-based production company for the show "In Concert Night of 100 Stars" featuring children of the Beatles in concert.  I was waiting and sitting in the American Airlines terminal for the lowest fare on a flight later in the day when I was approached by a plain-clothed police officer. He asked if I was flying and I said I was waiting for the lowest fare flight. He thought I was trespassing on airport property. But how absurb! I told him I had been an American Airlines Advantage frequent flyer and customer for over 20 years and been flying for more than 35 years on business. This same cop had seen me two weeks earlier when I was waiting for a flight to L.A. This same cop handcuffed and arrested me for trespass and took me into custody to a police detention center, where I was booked, fingerprinted, and processed. I, in my 52 years, have never been cited or arrested for anything, not even a traffic violation. This same cop did a background check, found nothing, proving I had a clean record. I was put into a detention cell for about an hour, while the cops went through my luggage and my computer for any contraband, finding none. I think the cops fooled around with my computer, so I put on System Restore for Windows 7 just in case. I was released with a court date of May 31. I have an attorney but he does not do criminal cases. I need a lawyer who does criminal cases for this "small charge" of trespass.  I am very happy to announce that I was acquitted on July 11, 2012 of the charge of criminal trespass at O'Hare Airport after a verdict was reached by a Cook County Circuit Court jury at about 5:30 p.m. after about 10-15 minutes of deliberations.  I was found not guilty after my public defender lawyers decided not to put on a defense case after testimony from the police officer who arrested me on April 7, 2011.  I hope the acquittal expunges my history AND record of the charge.  I wonder if any criminal lawyer with a private practice in Illinois could represent me on continguency in a private civil action against the City of Chicago and the Chicago Police Department for false arrest and malicisous prosecution as there may be potential civil rights issues as well here.

  • 09-27-2012 1:58 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    I am really sorry to hear about your experience.

    I have no idea, based on your post, what your demeanor was when the cop came up to you.  What I can tell you is there are some cops out there, who, it's not a good idea to cross.

    It's yes sir, no sir, kind of thing.  

    Your story sounds really bizarre to me.

    You could attempt to fight this, but in my humble little opinion, you'd be burning cash and time up for no reason.  

    But, use the search function on this site, or pick up a phonebook, or whatever, and start dialing lawyers.  Many times, they will talk to you for a little bit for free.

    If they think they can make money on it, they will take your case.  If you can't find a lawyer interested in it, you got your answer right there.  And you will know.

    Good luck!

     

  • 09-27-2012 2:05 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    ifiworld2:
    I hope the acquittal expunges my history AND record of the charge.

    No it doesn't.  Hoping something disappears off a criminal record doesn't expunge anything.  If your state allows it you must file the proper paperwork requesting expungement.  NOTHING expunges an arrest record.  Plus with the internet there is no way to completely eradicate anything.

    ifiworld2:
    I wonder if any criminal lawyer with a private practice in Illinois could represent me on continguency in a private civil action against the City of Chicago and the Chicago Police Department for false arrest and malicisous prosecution as there may be potential civil rights issues as well here.

    Based on what you posted here I don't see any.  If you had a ticket and boarding pass then you had a reason to be in the airport.  If you didn't then your conduct was suspicious and they had a probable cause to arrest you.  The burden of proof for an arrest is reasonable belief by the officer that you have commited an offense.  The burden of proof for a CONVICTION is much higher in court.  Trials are about evidence and the state not proving their case does not mean a prosecution was malicious only unsuccessful.

    You can use the "Find a Lawyer" feature to lcoate civil counsel that might be interested.  However, if you can't put down a hefty retainer then you are unlikely to find a lawyer.  Cases like this are expensive to pursue and there is no guarantee of a payout.  

    ifiworld2:
    I was found not guilty after my public defender lawyers decided not to put on a defense case

    Your story just doesn't add up.  How is it you were waiting to fly to California and are a concert promoter but you had a public defender which is based on INABILITY to pay and low or no income?  

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

     

  • 09-27-2012 3:11 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    Writer1:
    Dude, when you start a post with information easily shown to be a lie, it's hard to take anything else you say seriously.

    I thought this smelled of a scam.  After all if he had a valid boarding pass for a flight the cops would have never taken a second look.  Hang out in the airport for hours without a flight:  possible arrest for trespassing.

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

     

  • 09-27-2012 3:31 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    ifiworld2:

     I was waiting and sitting in the American Airlines terminal for the lowest fare on a flight later in the day when I was approached by a plain-clothed police officer. He asked if I was flying and I said I was waiting for the lowest fare flight.



    This is baloney. Air fares go UP closer to departure time, not down. You don't "wait for the lowest fare flight". Last-minute fares are the higher than anything purchased in advance. If you are flying standby, you have a ticket for a later flight, but are waiting for standby space on an earlier flight.

    I'm a lifetime AA Gold frequent flyer and know the system.

    You were, apparently, sitting in the airport without any ticket.

  • 09-27-2012 3:55 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    ifiworld2:
     I was waiting and sitting in the American Airlines terminal for the lowest fare on a flight later in the day

    In addition to what CuriousinCA said, the other part about this that makes no sense is that flight prices aren't posted on the boards in the airports, only arrivals and departures.  How would you know it was the lowest fare flight if you weren't in contact with the airline continuously?  The airport terminal isn't the stock market where the "opening price" and current market price are displayed so you can suddenly run up to an agent declaring it is the lowest price and you want a ticket.

    NONE of this story adds up.

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

     

  • 09-27-2012 5:01 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    ClydesMom:
    NONE of this story adds up.

    I completely agree with you.

    I've never heard of someone sitting in a chair at the airport, waiting for the flight prices to drop.  It's just not likely to happen.  In fact, the closer they get to taking off, it would seem to me, the prices are going up, not down.

    None of the post really adds up.

    I can almost guarantee, if you arrive at the airport, at the last second, waving your credit card in one hand, and your luggage in the other, you are likely going to pay the highest possible price for your ticket as allowed by law:)

     

  • 09-27-2012 5:19 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    superman1:
    I can almost guarantee, if you arrive at the airport, at the last second, waving your credit card in one hand, and your luggage in the other, you are likely going to pay the highest possible price for your ticket as allowed by law

    If there is even a seat left.  WIth airlines trying to book full flights to ensure a profit status I can't imagine there are too many flights with a last minute empty seat.  Add to that the number of passengers with a valid ticket already who are on standby trying to go out earlier and the odds on a seat being there are slim and at a discount:  zero.  After all, the passenger that walks up right before flight time must REALLY need to leave now or they would be booking an advance ticket.  The desperate will pay what ever price the airline quotes at that point.

    The only time I have seen a walk up fair discounted is if you can show you are flying due to a death since no one plans those.  Funeral departures will get something like a 20% discount off the current market price.

     

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

     

  • 09-27-2012 5:24 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    ifiworld2:
    I wonder if any criminal lawyer with a private practice in Illinois could represent me on continguency in a private civil action against the City of Chicago and the Chicago Police Department for false arrest and malicisous prosecution as there may be potential civil rights issues as well here.

    Start calling some up some CIVIL litigation attorneys and ask, as it is a civil litigation attorney you'd need. But I see two problems. First, it's not clear that this is an instance of false arrest and/or malicious prosecution. Simply being acquitted doesn't prove that either one of those things occurred. Second, you appear to have suffered little in the way of damages from this. Without large potential damages, an attorney is unlikely to take the case on a contingent fee basis.

  • 09-27-2012 5:50 PM In reply to

    Re: False Arrest and Malicisous Prosecution

  • 09-28-2012 2:29 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    Then, would it be more valuable and rewarding to a civil lawyer, if this instant case went to a jury for a verdict then settlement rather that file the case and and just seek an out-of-court settlement? (With the statue of limitations (in Illinois) of two years from the time of the arrest, April 7, 2011, in federal court of civil rights charges and claims; and one year from the criminal jury's verdict of July 11, 2012.)

  • 09-28-2012 2:39 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    ifiworld2:
    Then, would it be more valuable and rewarding to a civil lawyer, if this instant case went to a jury for a verdict then settlement rather that file the case and and just seek an out-of-court settlement?

    You don't even know if you have a case yet.  Very few cases are "instant" and will get an immediate settlment offer.  You BELIEVE you do.  Based on what you posted it is highly doubtful you do as your story doesn't add up.  If we aren't buying it neither is an attorney to take the case let alone a jury if it got to court.  If the case goes to trial you get a verdict and POSSIBLY an award if you win.  If there is a settlement offer it is in lieu of trial.  

    Often the attorney makes an offer to settle first and if it is rejected then you have to decide if you want to proceed and go to trial.

    You cannot force the city to settle.  Especially if they know the case is frivolous.  

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

     

  • 09-28-2012 2:52 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    But would the mere fact of the acquittal from the criminal jury impress the civil jury to award damages based on the merits of the case, provided, of course, that the case survives a motion to dismiss and summary judgment by the city?

  • 09-28-2012 2:58 PM In reply to

    Re: False Arrest and Malicisous Prosecution

    I am not expert here.  So you can listen to me or ignore me.

    But what exactly are you expecting to do here?  Do you want cash for your trouble?

    Here is how I see it.  You were in the airport, and somehow, got yourself arrested.  Now I'll tell you, I've hung out in airports before as well.  I was recently waiting for a friend's plane to arrive.  I was approached by 2 police officers, who asked me why I was sitting there tapping on my laptop.

    I told them, exactly what I just said here.  I pointed to the gate my friend was supposed to land in, and they said have a nice day sir.

    I am quite sure if I had reacted differently, it could have gotten rather ugly for me.

    Good luck!

Page 1 of 3 (37 items) 1 2 3 Next > | RSS

My Community

Community Membership New Users: Search Community