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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
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Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was on probation for Dui for 5 years. My max date was 2010

Resolved Question:

I was on probation for Dui for 5 years. My max date was 2010 all my fines were paid off and I was off probation. On july 7 2013 I was arrested for a probation warrant issued December 2008. I guess I had missed a court hearing because I was behind in my fines...I had no idea I had a court hearing in 2008 or else I would have been there.The whole time from 2008-2010 I reported to my probation officer once a month and was never told of this warrant. I was in jail from Saturday to tuesday because of this warrant from 2008 I had to miss work not to mention the humililation of strip searches and everything else that goes along with being in jail and loss of family time with my children. They let me out...I didnt have even go in front of a judge and from what I understand the probation office filed the papers and I was free to go. Do I have any grounds on sueing them for this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

No, unfortunately not. Arguably there could be a case if there had not been any grounds for issuing a warrant when it was issued but if it was valid when issued then it is valid for them to arrest you on it.

JD 1992 :

The US Supreme Court has said that the police can't be sued for failing to do their job, such as clearing the warrant when your probation was over, arresting you on the warrant while you were on probation, etc.

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27005
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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