Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My daughter asked her husband for a divorce, he leaves the

house , calls the police...
My daughter asked her husband for a divorce, he leaves the house , calls the police and the next thing you know my daughter is going to jail. 2 hours later they tell her it is because of an outstanding warrant . That she did not show up in court yet they also have all they paper work from the house showing she did show up for this court date.... But my daughter still spends 3 days in jail, Friday, Saturday, and Sunday, just to see the judge... I feel something is not right here, and would like it investigated. How do we go about it?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 10 minutes by:
10/1/2012
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,590
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

Is your daughter still in jail, or did she see the judge? If she saw him, what happened? Was there actually a warrant?
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago

she is out of jail the judge threw it out cause there was no actual warrant. nothing else happened except sorry for the mix up. she spent 3 days in jail for their mix up... something is not right with this whole thing..

Unfortunately, there isn't any recourse against the police where they make a mistake and put the wrong person in jail, or put someone in jail who shouldn't be there. The state has immunity from prosecution in that situation, because the police wouldn't be able to function effectively if they were worried about being sued every time they detained someone who turned out to be innocent.

However, if there wasn't a warrant, she could sue her husband for malicious prosecution, which is an intentional tort. The judge could award her punitive damages for his conduct. A person can't just call the police and ask to have someone thrown in jail every time he's upset with them, without their being some repercussions.

Also, if they have kids, and child custody is an issue, the judge will consider his behavior, and it will work against him. The judge wants the kids to be with someone who will be a good role model, and who will not discourage a relationship between the children and the other parent. Her husband doesn't sound like he meets those standards.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,590
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
Lucy, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,590
30,590 Satisfied Customers
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was charged and arrested on vc1m23152(f) givin a court
I was charged and arrested on vc1m23152(f) givin a court date i hired attorney to show up at court in my behalf with out any notice they post poned because results of blood test were not in been almos… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,497 satisfied customers
My brother was convicted on computer porn 1 to 3 years he
my brother was convicted on computer porn 1 to 3 years he did his year as of may 20th but the parole officer has not aproved any home plan. The parole officer won't tell us the rules(ex. how far from … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
What are my odds for winning in traffic court concerning the
What are my odds for winning in traffic court concerning the citation I asked you about before?Why do you think this? In my city you go to court on one date to enter a plea of guilty or not guilty. If… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Does Dothan court allow to re-schedule a court date for a
Does Dothan court allow to re-schedule a court date for a speeding ticket if I will be out of town on the date?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I did not report to court a couple years back for a
Hello i did not report to court a couple years back for a misdeamor crime and i was force to give up a DNA sample i ask my probation officer why and she said she didn't know all she said she knew was … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My father was on my computer and he saw things. He wants to
My father was on my computer and he saw things. He wants to kick me out of the house for being gay. Is there anything I can do? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If the original charges in the general district court
If the original charges in the general district court (possession of Marijuana with intent to distribute) were reduced from felony to misdemeanor and listed as nolle prosequi (not prosecuted) then apa… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
56 satisfied customers
When I came to the district court yesterday to attend court
When I came to the district court yesterday to attend court in small town in Oregon (I flew in there all the way from Sacramento, Cali. and drove 3 hours one way from Portland)... I went to check in w… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
Is there a statue of limitations for the court to give a
Is there a statue of limitations for the court to give a trial date from when you were arrested in Alabama for a felony. Specifically "Identity Theft".… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I moved and was mailed a court date for court and fail to
I moved and was mailed a court date for court and fail to appear for a suspsended license and have a bench warrant out for me, what should i do… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
A company scammed my mother out of $400 for "computer
A company scammed my mother out of $400 for "computer services" my mother issued them an electronic check for the services but she didn't understand what she was paying for. I have attempted to resolv… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
You would need proof that they are hacking your computer.
You would need proof that they are hacking your computer. The first step there would be to take your computer into a local computer repair shop to be examined for spyware. If spyware is discovered, yo… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Ok, ny state, no, it is computer crime blocking my messages
ok JA: In what state did this occur? Customer: ny state JA: Have you talked to a lawyer yet? Customer: no JA: Anything else you want the lawyer to know before I connect you? Customer: it is computer c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
How much is cost submitting court paper to court? Is it in
How much is cost submitting court paper to court? Is it in mail? By messenger? Has to be in person? Please tell me each cost in New York.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I filed a police report on a computer that was taken from my
I filed a police report on a computer that was taken from my house.my oldest son was the only one there but I never said that he took it.They put my son in jail for it.he Saud that he didn't take it s… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I borrowed a computer from work with the intent of returning
I borrowed a computer from work with the intent of returning it later that week but forget to bring it I have now returned it is this a crime … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x