Criminal Law Questions? Ask a Criminal Lawyer.
So your question is do you have recourse to recoup your money for a false arrest and an impounding of your car
were my rights violated,by the way,we asked another police officer if the drivers license was valid and he say,s yes.
I will represent to you that it is very difficult to recover civilly against a police department. Number one concern being that not many attorney's around town will take a case where the police department or an individual officer is the defendant. This is because attorney's work every day with law enforcement,and it would have to be an egregious injustice where there was no choice. Unfortuantely, since you did make a statement toward the officer, no matter how innocent, he had the authority to warn you, but I do not think he had probable cause to arrest you for obstructing governmental operations. Fortunately for your son, if his license was valid at the time of the arrest,and that was the charge against him, the DA should simply dismiss it. However, as far as having your costs reimbursed for your vehicle being impounded and for a false arrest, it is unlikely you could recoup those monies. It would cost you more to pursue the action with a lawyer than the amount you are actually seeking. I know this is not the answer you wanted, but it sounds as though both the charges against your son and yourself should simply be dismissed.
If this answers your question PLEASE CLICK ACCEPT, otherwise I can not be credited for our time together.
If you have follow up questions please feel free to ask them.
Please click the accept button!
I can not be compensated unless you do.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).