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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29082
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My daughter asked her husband for a divorce, he leaves the

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My daughter asked her husband for a divorce, he leaves the house , calls the police and the next thing you know my daughter is going to jail. 2 hours later they tell her it is because of an outstanding warrant . That she did not show up in court yet they also have all they paper work from the house showing she did show up for this court date.... But my daughter still spends 3 days in jail, Friday, Saturday, and Sunday, just to see the judge... I feel something is not right here, and would like it investigated. How do we go about it?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

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There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

Is your daughter still in jail, or did she see the judge? If she saw him, what happened? Was there actually a warrant?
Customer: replied 4 years ago.

she is out of jail the judge threw it out cause there was no actual warrant. nothing else happened except sorry for the mix up. she spent 3 days in jail for their mix up... something is not right with this whole thing..

Unfortunately, there isn't any recourse against the police where they make a mistake and put the wrong person in jail, or put someone in jail who shouldn't be there. The state has immunity from prosecution in that situation, because the police wouldn't be able to function effectively if they were worried about being sued every time they detained someone who turned out to be innocent.

However, if there wasn't a warrant, she could sue her husband for malicious prosecution, which is an intentional tort. The judge could award her punitive damages for his conduct. A person can't just call the police and ask to have someone thrown in jail every time he's upset with them, without their being some repercussions.

Also, if they have kids, and child custody is an issue, the judge will consider his behavior, and it will work against him. The judge wants the kids to be with someone who will be a good role model, and who will not discourage a relationship between the children and the other parent. Her husband doesn't sound like he meets those standards.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
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