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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27494
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was arrested on my court hearing which was false so my ex

Customer Question

I was arrested on my court hearing which was false so my ex could get full custody in ca
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: in ca it happened on 9 1* 1*
JA: Have you talked to a laywer yet?
Customer: no I have not ive been trying
JA: Anything else you want the lawyer to know before I connect you?
Customer: there was a false arrest the office had no proable cause to arrest my I had to spend a day and half in jail before they released me
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 1 year ago.

Are you saying that no charges against you were ever filed? What is the question that you wish to ask about this incident?

Expert:  Zoey_ JD replied 1 year ago.

I was hoping to hear from you before providing you with an answer since you didn't actually ask a question. However, I assume you want to know what your legal remedy would be to redress the time you unnecessarily spent in jail.

If there is still a case against you, then the question of whether this was a false arrest remains to be litigated. Any guilty conviction by plea or verdict makes a false arrest a true one, by definition. So while you should tell your criminal lawyer that you'd like to sue so that he can help you meet civil notice and filing deadlines, your primary concentration has to be on resolving your criminal case favorably.

If the matter has been dropped and you were released without further court proceedings, you may be able to get your ex prosecuted for filing false charges with the police. You may also be able to sue for malicious prosecution.

A suit for malicious prosecution is, in general, difficult to win because it's not enough that in the end, the charges were never filed.

You would need to establish that:

the defendant initiated proceedings against you
1) without probable cause
2) with malicious intent;
3) the proceedings ended favorably for you;
4) you sustained damages.
It's the first and second components that are the tricky part, particularly if you plan on including the police and/or the county in your suit along with your ex who falsely accused you. The word of a credible complainant, even if it later turns out that he or she was a liar, will generally be enough to give the police probable cause to arrest. A suit against the ex, however, would appear to have a strong basis.

if you believe that you can establish each of the elements of malicious prosecution/false arrest, you should consult with a civil litigator (trial lawyer) who handles intentional torts such as this one. A litigator in general practice would typically have experience in this area.

If you're not sure where to find one, you could contact the C********* B** A********** L***** R******* S******, and they could direct you to one. They charge a fee of around $50 for the referral, but that includes a free half hour consultation with the lawyer.

You could also try a commercial referral service. One that has a fine reputation and which has been around for a very long time is Many of Martindale's lawyers are peer and client rated, which some customers find helpful to narrow down their choices.

If the above doesn't address the issue you are concerned about, please reply on this question thread and I will be happy to add to my answer.

If I have answered your question and you have no further follow up, please rate my service to you before leaving the site, as that is the only way that I can get credit for my work.

Expert:  Zoey_ JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.