Lawyer for wrongful arrest claim

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amother

Ruby

Mon, Sep 11 2017, 11:28 pm

Long story short..... I was wrongfully arrested and it was, as you can imagine, a traumatic experience. I did not resist because I knew that would be useless. I obeyed their orders without protest.

I was brought before a judge, and was released later in the day. I requested transcripts of the appearance and I read it carefully. Based on what I read, it appears to me the judge acknowledged, albeit vaguely, that indeed the arrest should not have happened. In fact the warrant for my arrest ought not to have been issued.

Do you have an excellent lawyer who can help me file a lawsuit? Contingency preferred, though will consider non-contingency.

Thanks!

33055

Mon, Sep 11 2017, 11:40 pm

What jurisdiction?

amother

Ruby

Mon, Sep 11 2017, 11:45 pm

Squishy wrote:

What jurisdiction?

Federal/District Court (Eastern District)

amother

Aqua

Mon, Sep 11 2017, 11:49 pm

Did they come in to your property. That can even up your claim.

amother

Ruby

Mon, Sep 11 2017, 11:52 pm

amother wrote:

Did they come in to your property. That can even up your claim.

They came into my home. They had a warrant. The warrant was wrongful (should not have been issued), which led to an arrest that was wrongful.

MagentaYenta

Tue, Sep 12 2017, 12:13 am

From what you are saying you will need a criminal defense atny first, preferably one with federal court experience. That atny will be able to advise you as to whether a wrongful is worth pursuing. They can always refer you to another atny to file the wrongful. To the best of my knowledge one cannot file a wrongful while the original matter is outstanding. I could be wrong.

ETA: Technically it is illegal search and seizure a violation of your 4th Amendment rights. It will be up to you to prove that the warrant was illegally obtained (I.e. not sufficient evidence, wrong person, too broad in scope etc.) and that will take place during the initial motions on your criminal case.

amother

Indigo

Tue, Sep 12 2017, 12:35 am

I can't help you but I'm sorry you had to go through that. I hope it works out.

amother

Aqua

Tue, Sep 12 2017, 12:41 am

I know what you want through. I was arrested on a holiday weekend, so had to wait till Monday noon to see a judge. Howeve e I was guilty. I was so traumatized being handcuffed and shekled multiple times.

amother

Saddlebrown

Tue, Sep 12 2017, 12:43 am

Judges aren't shy about throwing out an improper warrant. If the judge thought the warrant and arrest were improper s/he would have said so outright. I'm just saying this because without a direct statement from the judge it may be difficult to get what you want. But good luck.

MagentaYenta

Tue, Sep 12 2017, 12:53 am

amother wrote:

Arraignments aren't where a warrant would be thrown out. Procedurally the defense would inform the prosecution informally that they are going to make a motion to throw out the warrant for whatever reason. If the two sides don't come to terms the motion will be filed and then a hearing on the motion will be heard with both sides presenting their cases on the motion only.

amother

Saddlebrown

Tue, Sep 12 2017, 1:56 am

MagentaYenta wrote:

Thanks. I didn't get that.

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