I was placed under a citizen arrest in California for
I was placed under a citizen arrest in California for battery misdemeanor would suing the person who placed me under a citizen's arrest in small claims court do the following:A) Create a record of the create a public record of the arrest being that the case was rejected by the city attorney?B) Can I sue the person who placed me under arrest for my BOND/BAIL and other losses such a medical bills etc?
I was named in a civil suit in December and the plaintiff's
I was named in a civil suit in December and the plaintiff's attorney pressured the local police department to arrest me so that he could have leverage in the civil lawsuit. The police department arrested me in January and the civil suit has now been resolved with no responsibility or liability on my part. The plaintiff signed a no-prosecution affidavit for the DA. Do I have a case in suing the police department?
My fiancé was falsely arrested as the state employee
HIMy fiancé was falsely arrested as the state employee lied, the case was dismissed against him but He ended up spending 55 days in jail, lost His job and because of the streets and hardship I lost my job and have not been able to work since. That was since last August and I am on so many depression medications as he is too! Can you sue an employee of a federal halfway house who lied but was caught on video tape?
Law Educator, Esp. Consumer Protection Lawyer I checked out
Law Educator, Esp.Consumer Protection LawyerI checked out several legal information sections on the internet and they all agree that judges allow a defendant to defend himself, especially with a misdemeanor, without having any previous knowledge of rules of evidence or practice (however, they do require at least a high school education). Nevertheless, I read the Rules of Evidence and Practice for Nevada. Very few of these rules apply to my very simple case.The police spent almost all of their time in our home talking to Subrina and they accepted all her lies without any reservation. They only spoke to me for a couple of minutes before they handcuffed me and sent me to jail. Subrina's grandmother desperately tried to tell the police that I did not ever hit Subrina. She did this using my wife as a translator. Nevertheless, the police refused to listen because they said they needed an impartial translator. The police actually told my wife to shut up. When they saw the scratches on Subrina, they failed to check my hands to see if I even had fingernails. I have a hard time believing that the negligence, incompetence, and dishonesty of the police wouldn't cancel out their phony probable cause for my false arrest and false charge and allow me to sue for damages.Because the police relied so much on Subrina's lies and because she used the police to satisfy her selfish desires (the police will do whatever she says), the police and prosecutor find themselves in a precarious situation. Subrina lives in China and refuses to even answer the phone calls of the prosecutor. Accordingly, the prosecutor has no witness and no evidence; I have at least three witnesses and all of the available evidence supports what I told the police. Also, the police would have to justify arresting me and letting Subrina go free after she committed several important crimes. Accordingly, I am very sure that the prosecutor will never bring this case to trial. I am certain that the prosecutor now realizes the mistakes which he and the police have made; however, if he dismisses this case, then he undoubtedly realizes that the police would become vulnerable to lawsuits. It appears obvious why the prosecutor has tried so hard to force me to plead guilty and accept his deal. Because I refused his deal, the prosecutor has no choice but to stall and hope my case will somehow go away (that I will give in to his scare tactics or one of my witnesses will die etc.).Even though my lawyer says he has filed for permission to allow me to defend myself, I'm sure they will stall as long as they can. How long should it take to get permission to self defend? How can I make sure they have actually tried to provide this permission for me (these guys are crooks)? While we are in limbo, can I tell my lawyer to file a motion for speedy trial (invoke my right to speedy trial etc.) to start the clock? You said in your response “if I want one (speedy trial);” why would I ever not want a speedy trial? If the court gives me permission to defend myself in the near future, how and whom do I contact to file and invoke my right for a speedy trial? By the way, when does the statute of limitations expire?
My stepdaughter (Subrina) attacked me one morning. One of
My stepdaughter (Subrina) attacked me one morning. One of her attacks involved an abusive verbal assault on my character. Subrina's grandmother became alarmed at our exchanges and tried to protect Subrina by wrapping her arms around Subrina. As a result, the grand mother accidently dug her fingernails into the upper chest area of Subrina's body creating three visible scratches. When Subrina observed the scratches, she immediately called the police to blame the scratches on me because she knew her grandmother spoke no English and couldn't tell the police what really happened. While the police were on their way to our home, Subrina sneaked up on me, then hit me on the side of my face, and then stole my TV remote. When I approached Subrina to retrieve the stolen TV remote and prevent its destruction, she produced a video of my approach with her phone camera to convince the police that I had attacked her. As a result, the police arrested me when they saw the video and the scratches on Subrina's upper body (all Subrina had to do was tell the police she didn't know where the scratches came from). The police lied when they said the video showed me lunging toward Subrina and in a tussle with Subrina. They did this to justify my arrest and the false charge of Battery Domestic Violence. However, all three witnesses present at the scene (Subrina, her grandmother, and me) told the police that I never hit Subrina. Also because I have osteoporosis, I had trimmed my fingernails down to well below the skin line the day before this incident occurred (my wife can testify to this).At the present time (nine months after the incident) my lawyer says he has cleared up the lies and misunderstandings of this case to the prosecutor. Subrina's grandmother has agreed to testify that she caused the scratches and that I never touched Subrina. Nevertheless, the prosecutor and my lawyer are still trying to force me to plead guilty to the crime of Battery Domestic Violence. They tell me if I plead guilty, pay a $300 fine, and attend an anger management class, they will dismiss the charges (whatever that means). They tell me this is a good deal because if I plead not guilty, I could spend up to six months in jail even though I have never previously been accused of anything like this batter charge. However, they refuse to explain the ramifications of this plea deal such as losing my right to file an appeal and my right to sue to recover damages etc. After I have insisted that my lawyer give me a straight answer, he sort of admits that my guilty plea actually has the purpose of protecting the police and prosecutor from their false arrest and false charges and their negligent, incompetent, and dishonest investigation. Nevertheless, my lawyer continues to use the excuse that it would be cheaper and less work for everyone if I would just plead guilty and accept the deal. At this point, it appears that the prosecutor will continue to refuse to allow my case to proceed (to either a trial or a dismissal) until I accept their deal and plead guilty. However, I know that the prosecutor does not have any witnesses (Subrina is in China and cannot be at the trial) and he admitted to my lawyer that the evidence shown in the video is very weak and incomplete, to say the least.Because I do not want this violent crime on my record, I have some questions about my case: (1) If I plead guilty to a crime I didn't commit (if I accept their deal), would I break any laws? (2) How long can the prosecutor (with the help of my lawyer) keep my case locked up (it has already been 9 months since the incident)? (3) My lawyer won't tell me if he waved my rights to a speedy trial; how can I find out if he waved this right? (4) Because my lawyer would have waved my speedy trial rights without my knowledge or consent, do I still have these rights? (5) Because the police and prosecutor refuse to prosecute the proven Battery Domestic Violence that Subrina committed against me, can I do anything about this obvious discrimination and scandal? (6) Because the police verbally assaulted me as I sat in the police car waiting for arrest, does this and other atrocities negate their clams of probable cause which they used to arrest and charge me? (7) Because my attorney refuses to explain anything to me in an understandable way or provide copies of the correspondence in my folder, can I do anything to force them to provide me with copies of these documents? (8) Can I do anything about this obvious scandal (other than plead guilty to a crime I did not commit), i.e. should I try to get permission to defend myself to save the $3,500.00 it would cost to have my dishonest lawyer handle my trial? (9) If the police had conducted an honest and somewhat reasonable investigation (checking my fingernails and the video), would the additional information they would have obtained have canceled out the probable cause for the scandalous arrest and charge they made against me if I file a lawsuit?
My son is being accused of something he really did not do.
My son is being accused of something he really did not do. He is being sought for Aggravated Domestic Battery, Aggravated Battery, Drug Paraphernalia. The pregnant girlfriend call for an ambulance when she cut her foot on something chasing my son during an argument. She called the ambulance and 4 police officers showed up. They asked the girlfriend's 4 year old daughter who was playing outside, if mommy hit daddy. My son is not her father, but the little girl did see her father hit her mother which is why she is not with the little girl's father. There is also a drug charge, but my son is drug free because he just tested for a new job that he just got. The paraphernalia however, belonged to the girlfriend who was still smoking marijuana while pregnant. The girlfriend has no visible injuries sustained by my son, and she told the police several times he did not touch her and didn't want to pursue the matter. This is the second time the police charged him with a crime he did not commit. Two years ago when he was supposedly had hit his wife, he was in Chicago at work during the time of the incident which he showed his time card to the court. This particular incident was with his wife's boyfriend, but my son had a warrant issued in his name. The police in MaComb Illinois are seriously harassing my son and this time it's out of hand as they have issued a warrant in the amount of $10,000. What can be done? Please help.
I am Landon ******.I believe I was assaulted by an
Hello, I am Landon ******.I believe I was assaulted by an officer and abducted by the police and am wondering if there is any way you can assist me in a law suit or beating my case which I believe is unjust.My situation;After pulling into my driveway and exiting the vehicle I was surprised to see there was an officer aggressively approaching me and yelling at me. I was frightened and I stood still as he continued to yell. As he got close enough that I could understand what he was saying, I heard him tell me to get back into the car and immediately after he asked me what I was doing. I replied, "nothing" as I held out my palms to show that there was only my debit card in my hands at which time he grabbed and twisted my arm and hurt me. I did not want to get into any physical altercation, nor do I believe that I acted in anyway to incite physical aggression or violence. I believe I was being assaulted and bullied and I freed myself and ran into my home where I thought I would be safe. I told my wife what was happening as more officers showed up and knocked on the door.I opened the door and was pulled out of my home by a different officer at which time I was interrogated by all of the officers as to why I ran from the first officer and I replied "I was scared". I was then put in hand cuffs and pushed into a police vehicle. I was never told that I was under arrest or read my rights but still was taken to the police department where I was told after I sign the documents placed in front of me that I would be free to go. Then I was told that I would have to post bail or go to jail until my court date. I posted bail and was allowed to leave.