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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11689
Experience:  Licensed Texas General Practice Attorney
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I was arrested for thieft and charged with 2 felony charges,

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I was arrested for thieft and charged with 2 felony charges, but the charges did not match the crime.. in order for the fellony charges to have been charged, the amount taken would have had to have been 2000.00 or more... well the amount was much less than that.. anyway as a result of the 2 charges, i was not able to make the bail of 20,000.. so i sat in jail for 2 weeks.. this resulted in me lossing my job and not being able to find a good job after getting out of jail due to the fellony charges... the charges have since been plebargianed down to a mistermeaner.. I am wondering if I would have a case to try and sue the police officer that brought up the charges and the state for following up on the charges? (the fellony charges)
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear that. First of all, you need to know a concept known as "sovereign immunity". It's a fairly complex legal doctrine, but in short, the doctrine holds that "the state can do no wrong". Basically, since the government makes the laws AND enforces the laws, it can say that the laws don't apply to them. There are only two ways to sue the government, successfully: (1) where the government specifically waives sovereign immunity, and (2) where the government infringes upon a civil rights (life, liberty, or property, without due process of law).

ScottyMacEsq :

Basically, since the government gets to make the laws, they get to decide when you can and when you can't sue.

ScottyMacEsq :

And so basically they have to say that you can sue for you to be able to sue.

ScottyMacEsq :

For something to be a deprivation of your civil liberties, it would have to be without probable cause. Basically it would have to be malicious behavior (such as false imprisonment, etc...) for you to be able to be successful.

ScottyMacEsq :

I'm not saying that this is not present in your current case, but it would be very difficult to prove.

ScottyMacEsq :

If they were merely negligent in the charging of this crime as a felony, rather than a misdemeanor, that would not be a civil rights violation. It would have to be intentional or willful knowing conduct, and be proven to be so, in order to keep you in jail.

ScottyMacEsq :

Again, I'm not saying that it was not (I have no knowledge of your case other than what you tell me) but even if it were the case that it was intentional, you would need to prove that with actual evidence (testimony, emails, communications, etc...) and without any evidence showing this intentional behavior, I'm sorry to say that you would not have a case.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11689
Experience: Licensed Texas General Practice Attorney
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