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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33147
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was in a wreck on friday evening. when the police got

Customer Question

i was in a wreck on friday evening. when the police got there to help me after my wreck he found out that I had a warrant for child support. come to find out it was a mistake.
JA: I'm trying to find the right Criminal Lawyer for you right now. As soon as they are ready, I will let you know. Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: my email address is***@******.***.
JA: Have you talked to a lawyer yet?
Customer: no not yet. Im about to start calling.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 4 months ago.

Is there a specific question with which I could assist?

Customer: replied 4 months ago.
I was arrested on a bogus child support warrant after a car wreck that i was in on this past friday
Expert:  Dwayne B. replied 4 months ago.

And what question did you have about that?

Customer: replied 4 months ago.
I spent a half day in jail. they told my wife that it was a mistake and then let me bond out of jail saying it was a mistake. do they owe for damages for violating my civil rights?
Customer: replied 4 months ago.
Correction: I did not have to bond out of jail.They just let me go home
Expert:  Dwayne B. replied 4 months ago.

It depends on exactly what happened. Being arrested on a mistake isn't an automatic violation of your civil rights. All of the factors have to be considered in making that determination.

In addition, you may have trouble finding a lawyer to represent you on a % basis in a case where your damages are a half day in jail. Again, the circumstances will make a huge difference. For example, if there was a warrant issued because by a police officer who was dating your ex and no judge actually issued the warrant then the conduct is much more egregious (and worth more) than if it was a warrant for someone with the same name and other basic information as you (which has happened in the past).

You could still hire a lawyer and pay them by the hour to pursue the case and if they win then you would be entitled to ask for your attorney's fees as damages but the circumstances will control whether a civil rights lawyer will take it on a contingency basis.

Customer: replied 4 months ago.
This happend about 6 months ago as well.This time they arrested me after a car wreck in sub zero weather. After being seen in the emergency room I went to jail around mid night. Then the next day my wife and three kids saw me in orange county jail clothes. They had to drive around risking their lives on icy roads trying to prove that I was innocent.If I pay a lawyer up front, can a wrongful arrest suit be brought agaisnt child support? Are their any cases in the past where someone has won a case like this?
Expert:  Dwayne B. replied 4 months ago.

I'm sure there are cases where the legal principles are the same although it's unlikely the facts would be.

Do you have any idea on why the arrest was made?