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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26774
Experience:  Began practicing law in 1992
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I was arrested but my case was eventually dismissed. In the

Resolved Question:

I was arrested but my case was eventually dismissed. In the police report for my case were upwards of 30 "errors" made by the detective who wrote up the affidavit, every single one of them suspicious in that their presence helped better accommodate the charge. The errors included washouts, blatant misquotings, blatant misinformation, cut offs, poor probable cause arguments, direct contradictions in the victim's testimony, victim testimony which didn't make sense, etc. Of course--everything was in writing because the evidence was emails, and the affidavit was in analysis of those emails. I wrote up a report pinpointing the errors and mailed it in to the professional standards unit at the police dept. in question. I received a letter in reply essentially denying me an investigation, and in effect stating that too many people had signed off on that affidavit (i.e. detective, detective's supervisor, dept. attorney, a DA, etc)--and so, no investigation. I mailed a letter to the attorney general's office and they responded that Colorado is a "local control state" and that such matters are for the cities and counties to consider, not them. I've come across a website: policeabuse.com and wonder if they could help. All I request is an investigation into my information. What would be the best way to go about getting one?
Submitted: 12 months ago.
Category: Legal
Expert:  Dwayne B. replied 12 months ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Unfortunately, the likelihood that anyone is going to investigate is very low.

JD 1992 :

However, you can take your complains on up the chain of command at the city, like to the city council and the mayor, and you can also consider filing a complaint with the Justice Deaprtment.

JD 1992 :

There is no reason not to contact that website. I've heard of them but can't claim familiarity with them and so don't know what the likelihood is that they will be arrested.

JD 1992 :

If you incurred any damages due to the arrest, such as attorney's fees, the cost of a bail bond, lost wages, etc. you could also consider filing a civil right lawsuit against the officer and department.

Customer:

I see. However the local ACLU or citizens rights watch group--might they be able to help me put pressure on the local PD to at least do an investigation? Unfortunately even if the Prof. standards unit at the local PD does investigate, they might be a bit bias anyway and not give me a fair shake

JD 1992 :

Another way to get an actual investigation done is to hire a lawyer who does civil rights cases and have them send a letter requesting an investigation. The city will know that failing to investigate makes them look very, very bad if there is a lawsuit filed.

Customer:

I am in fact filing a civil rights lawsuit, with a limited scope rep. lawyer. However all the websites I read seem to recommend that first you report with the PD in question itself

JD 1992 :

The ACLU could be contacted but they have been really, really cutting back on their efforts in the last few years. I aasume due to budgetary reasons.

JD 1992 :

You can file a report yourself but most legal experts will tell you to have your lawyer file the request or prepare it and file it under your name since the letter requesting the investigation or reporting it will be evidence later. The lawyer can add the language that makes it "better evidence".

Customer:

okay. that's all great information. Thanks for now...

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26774
Experience: Began practicing law in 1992
Dwayne B. and 6 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 12 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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