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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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Can I sue a cop for giving my citation to the wrong county,

Customer Question

Can I sue a cop for giving my citation to the wrong county, resulting with me getting arrested and put in jail? Feburary 8, 2013 a cop pulled me over for speeding. He gave me a citation that i said i wanted to go to court for. In the middle of March I realized that I had an exam for college during the the scheduled court time. Therefore i called numerous times, well over 10. What the court receptionists always told me was that I was not in their system and therefor I couldn't reschedule a court date. I continued to follow up and even 15 minuets before i was suppose to be in court I was still not in the system. I figured he must have lost it and thought it was all behind me. Then on June 27 I was pulled over for failing to make a complete stop at a stop sign and the officer arrested me for a warrant in Soccoro county. My ticket clearly instructs me to go to the court house in Truth or Consequenes in Sierra county. Therefore I feel I was falsely arrested and my time has been wasted. I am not a criminal and yet I was treated as one.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry that you are experiencing this matter.


So please tell me what happened once you were arrested - were you released on bond or you own recognizance?

Customer: replied 1 year ago.

I was released on a 191.00 bond 3 hours after I was arrested.

Expert:  Sam replied 1 year ago.

Hello

 

I see. Well, they have to set a bond when there is a record of a failure to appear

 

You can sue the police officer, but you will need to prove that the police officer arrested you knowing full well that your ticket was for another county and that there was an intent to cause you harm by arresting you.

 

Police officers only do a job. There is a warrant and they arrest based on that information. But if you can show that this officer knew for a fact that the warrant was not valid or only arrested you to harm you, then you might find a local attorney to take your case

 

Customer: replied 1 year ago.

Im not wanting to sue the officer who arrested me because it wasn't his fault. I want to sue the officer who gave the wrong county my citation, which resulted in me going to jail.

Expert:  Sam replied 1 year ago.

Hello

 

Yes, if you can prove that the error was intentional. Again, it's the same premise. You have to be able to prove that it was not just an error but an Intentional attempt to harm you.

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