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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25975
Experience:  Active member of the NYS bar since 1989
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My son was encarcerated and was bonded out. While he was out

Customer Question

My son was encarcerated and was bonded out. While he was out the US Marshals went to the house to arrest him because they said he was seen in a stolen car. Later they said he was driving the car. While he was encarcerated he keep asking whose car was he seen in. No one could tell anything., not even his lawyer. Supposedly his lawyer told him it was not an issue. To this day no one has said anything out the situation. Needless to say he was kept encarcerated for months until he was bonded out again. Would not that be false encarcration?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

It's not a wrongful arrest if the police actually had probable cause to arrest him because he was seen in a stolen car. But if he was never arrested for a new case his rearrest looks very improper.

Is there a new case? If not, what was done to try to get him released.

Customer: replied 1 year ago.
Can u please call me? XXX XXX XXXX
Expert:  Zoey, JD replied 1 year ago.

Sorry for the delay, but I was having my dinner.

Phone calls are only available as a premium service and at an additional cost. If you are interested in a call, I will send you the information and you can accept the service. There is no obligation to take the premium service if it turns out you'd rather not. In that case though, please reply here so that I more fully understand what happened to your son between the time he was picked up by the marshals and then bonded out a second time.

Customer: replied 1 year ago.
After he was picked up by the marshals he stayed encarcerated for months until he got bonded out .
Expert:  Zoey, JD replied 1 year ago.

Thank you. I understood that. What I was trying to find out was whether he was rearrested on new charges when he was put in.

You asked about a false arrest. For your son to be a victim of a false arrest and a wrongful detention, the marshals would have had to be exceeding their authority by bringing him in and having him incarcerated without probable cause to do so. If there was no probable cause, his subsequent detention was unlawful.

Probable cause is a reasonable belief that criminal activity may be afoot and that a particular person may have been involved in it. With probable cause -- doesn't take a lot of evidence -- the state can get a warrant, make an arrest, file charges and secure an indictment. If the marshals really did have reason to believe that your son was involved in a criminal activity or in violation of his original bond conditions, they the arrest wasn't wrongful. If they had no real basis to pick him up, then he would have a case.

False arrest/wrongful arrest is a civil and not a criminal matter and requires a civil rights lawyer or a general civil litigator (trial lawyer) who has experience suing the government.

I should add that if there was probable cause, but the probable cause turned out to be based on false or incorrect evidence, then the state should have set your son free as soon as it realized that. If they didn't, that's a wrongful detention.

Customer: replied 1 year ago.
When he was picked up no other chargeanymore.note. other than someone told then that my son was seen in the car. After a few months of being encarcerated he kept asking the lawyer what the status was on the situation and was never told anything more about it. Supposedly the case is not an issue anymore. So if it wasn't an issue anymore why was he not released . At the time of his encarcration til the time he got bonded out there was no new case.
Expert:  Zoey, JD replied 1 year ago.

Yup. I don't understand why he was not released either. Did his lawyer not ask for his release?

Customer: replied 1 year ago.
No as a matter of fact he was very very rude and so was his secretary was also a witch. I kept calling the lawyers office and leaving messages for him to please call me and he never did. He eventually removed himself from the case. My son spent many months encarcerated for the car
Expert:  Zoey, JD replied 1 year ago.

There are so many unanswered questions here, that I can't tell for sure what went on, but it does sound to me as if he spent too much time in jail, and if it was not the fault of the marshal's, it may be that his lawyer dropped the ball. You need an Arizona civil lawyer to look at the court records, find out the grounds on which he was held in and why he was not released earlier, and see if he has a viable case for false arrest and/or unlawful detention.

He needs to consult with a lawyer sooner rather than later to make sure that he doesn't miss any filing deadlines, which could cost him the opportunity to sue.