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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25016
Experience:  Active member of the NYS bar since 1989
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This is my situation,a few months ago I got pulled over in

Customer Question

This is my situation,a few months ago I got pulled over in delaware for speeding and the officer informed that I had a outstanding warrant in salisbury MD. A place that I had never been,I was arrested in delaware and had to post a 5,000 cash bond. Apparently someone was trying to past bad perscriptions in my name and a warrant was Issued for me without me knowing and had to pay for a lawyer in delaware and in maryland for a crime I did not committ. I later turned myself in to maryland and had endure the embarassment of being arrested and processed in front of my family. I was released ROR after being held in a cell for 2 hours,I later went to court for this and prosicutor decided not to charge and of the charges were dismissed and the night mare is finally over! My question is do I have grounds for a law suit??
Submitted: 6 years ago.
Category: Legal
Expert:  Zoey, JD replied 6 years ago.
Jacustomer,

I'm assuming that you're talking about the idea of suing the state for your wrongful incarceration. My instincts tell me that you may not have a suit, but a Delaware lawyer might feel differently with an opportunity to hear everything you have to say about what happened to you.

Police, are immune from suit when acting in the regular course of their jobs, unless you could demonstrate that they were negligent or that their behavior amounted to misconduct. Here, it appears that a standard check after a stop got a match on an out of state warrant. That would give the police the probable cause they would need to hold you



Expert:  Zoey, JD replied 6 years ago.
Jacustomer,

I'm assuming that you're talking about the idea of suing the state for your wrongful incarceration. My instincts tell me that you may not have a suit, but a Delaware lawyer might feel differently with an opportunity to hear everything you have to say about what happened to you.

Police, are immune from suit when acting in the regular course of their jobs, unless you could demonstrate that they were negligent or that their behavior amounted to misconduct. Here, it appears that a standard check after a stop got a match on an out of state warrant. That would give the police the probable cause they would need to hold you













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Expert:  Zoey, JD replied 6 years ago.
Sorry. I am not through with this post. I ran into a site glitch of some sort, it posted itself twice and won't allow me to respond. Please do not respond to this, and please give me an opportunity to finish my post.

Thanks
Expert:  Zoey, JD replied 6 years ago.
Jacustomer,

Police, are immune from suit when acting in the regular course of their jobs, unless you could demonstrate that they were negligent or that their behavior amounted to misconduct. Here, it appears that a standard check after a stop got a match on an out of state warrant. That would give the police the probable cause they would need to hold you to get some information from Delaware because every state will give full faith and credit to another state's fugitive warrant.

From there, whether you could recover and how much would likely depend on how expeditiously they moved to confirm your identity.

You should talk to a civil attorney to see if a suit against the police and the county is viable. If it is, a lawyer may take it on contingency, meaning you don't have to pay fees unless they win.

One quick thing you should know is that this can happen to you again. You are not the person named in this warrant, but the fact is that someone else who either has the same name or used your name is. You should carry some documentation around with you so that if you're ever stopped again for any reason, you don't get held again for extradition to another state.

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