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Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1346
Experience:  I have multiple years experience prosecuting and defending clients.
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recently,my daughter in law called to tell me my son as being

Resolved Question:

recently,my daughter in law called to tell me my son as being arrested,I went to pick them up since my daughter-in-law does not have a license.when I got there I parked the car close to the truck and seeing that my son was in custody I was going to get my grandchildren to put them in the car.when I got out of my car the officer told me to get back in the car,I said I just wanted to get the kids because they were crying and scared.he started to yell and I got back to my car and said I am not f____king criminal so don,t treat me like one.I then got in the car and he came over to ask what my problem was and I told asked him why my son was being arrested.He said next time I used the f word he would arrest me for interffering with the law at which time I said I was just asking a question.he started telling me that I was interferring because he had to stop doing what he was doig to come talk to me and said that if he ever saw me on his beat again he would arrest me.I asked him not to threaten me and that I was not disrespecting him and he told me to get out of the car saying hewas just going to give me a warning but now he was taking me to jail.I spent 18 hours in jail and he had my car and the truck inpounded,my daughter had to go pick up the kids.he had arrested my son for an invalid drivers lic,which in fact is valid,the officer in the county jail saw the license when we were released an he said it is valid.do we have a right to rcoup our money for false arrest and inpounding our vehicles?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Meigs replied 4 years ago.

meigs004 :

So your question is do you have recourse to recoup your money for a false arrest and an impounding of your car

Customer:

yes

Customer:

were my rights violated,by the way,we asked another police officer if the drivers license was valid and he say,s yes.

meigs004 :

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.

meigs004 :

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