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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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This is not a Family law question. I was arrested on a fluke

Resolved Question:

This is not a Family law question.

I was arrested on a fluke charge "Interfering with an officer in his performance of lawful duty". Because there was no valid "legal' cause and excessive force on the part of the deputy was used, I hired a defense attorney who was able to get a Dismissal of the case from the Court .Do I have any recourse with the police Dep't, The City administation, etc. to recover my $3,000 fee that I paid to the attorney who settled this thing for me? i signed no stipulation prceluding me from pursuing retribution, The case is concluded. i am a senior citizen living on limited savings.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

I am sorry to learn of your experience. Please clarify: did you go to trial on your case?
Customer: replied 5 years ago.
No. My attorney met with the prosecutor who agreed to dismiss the misdemeanor after 20 hrs, of community service. The case is closed.
Expert:  JB Umphrey replied 5 years ago.
Thank you. Because your case was not dismissed on the merits (it was a conditional dismissal, conditioned upon you completing community service), there is no legal basis to file a civil suit for wrongful arrest.

Separately, the criminal legal system does not recognize a basis to sue the municipality to recoup your defense attorney fees.

I would love to be able to tell you that there's a way you can force them to reimburse you for your defense costs but there is no federal or state law which allows for it. Instead, the Constitution provides that if you are not able to afford an attorney to represent you, you can be appointed an attorney. You exercised your right to hire your own lawyer. That's your right. But that doesn't mean that the municipality has to pay you back.

I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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