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Can you please review my documents for any faults or

Customer Question
recommend any improvements ?...
Can you please review my documents for any faults or recommend any improvements ?
Submitted: 10 months ago.Category: Criminal Law
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Customer reply replied 10 months ago
this is my recommendation and my objections can you give me some advice on these
Answered in 13 minutes by:
9/26/2017
Criminal Lawyer: Law Educator, Esq., Lawyer replied 10 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 126,954
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Criminal Lawyer: Law Educator, Esq., Lawyer replied 10 months ago

Here is the issue with your complaint, just because you were arrested and the trial resulted in dismissal does not mean the officers did not have probable cause to arrest you. In order to substantiate a civil rights case for false arrest, you need to allege the officers had no probable cause and WHY there was no probable cause when they made the arrest, thus making the arrest unlawful.

People are arrested all the time and found not guilty or have charges dismissed, but that does not give them rights to sue for false arrest or civil rights violations. You have to show by your facts alleged in your complaint the officers knowingly did not have probable cause and arrested you anyhow under the color of law in violation of your rights, which was a false arrest. Your complaint does not contain facts sufficient to allege that and your complaint does not make those allegations.

In your objection I would also clearly ask the court for permission to amend the complaint to add in the proper facts that exist that do substantiate your claims that the arrest was without probable cause and as such unlawful.

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Customer reply replied 10 months ago
the police lied on the reports , they listed false information like wrong residence ID , they admit they did not approach with any type of logical thinking instead they called the swat team and news and used false information in their reports to make an excuse for the false alarm , I already proved in a trial setting that they did not have probable cause or any type of excuse for the false alarm. As for the request in the objection I should just add a paragraph asking for the amended complaint to be accepted and change the title of the complaint to amended complaint ? And your saying I should add a paragraph elaborating on their false alarm and their abuse of probable cause reasoning ?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 10 months ago

Thank you for your reply.

That is all well and good and may be the case, but nowhere in your complaint is any of that stated, so nobody would know it. You have to allege sufficient facts in your complaint to substantiate your suit, which based on the above statement you obviously did not do.

You need to ask them to allow you to amend the complaint to include the facts to substantiate your causes of action.

You need to add the facts about their conduct that you claim give you right to sue, them falsifying reports, arresting you without probable cause etc.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
How does these look ? any better or still need improvement ? Are these good enough to have the case accepted ?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 10 months ago

Thank you for your reply.

No, not much better. For starters, you need to put each separate sentence of fact in a separate numbered paragraph in your complaint. You have not listed anywhere near enough facts to justify your claim. You need to give the details of why there was no probable cause and your details of what they did to cause the police report to be falsified.

You need way more facts to justify they acted illegally under color of law to arrest you falsely without probable cause.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Criminal Lawyer: Michael Bradley,
 replied 10 months ago
Michael Bradley
Category: Criminal Law
Satisfied Customers: 1,689
Experience: Owner at The Protection Group LLC
Verified

have you requested a different expert?

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Customer reply replied 10 months ago
I would like you to check over my objection and my amended complaint to the recommendation , the last lawyer told me to amend it and then add a few things but then he said it did not have enough information , I would like to know how much more information I will need to add to have the complaint and objection passed and accepted
Criminal Lawyer: Michael Bradley,
 replied 10 months ago

I am sorry but I am wrapping up for the day and this is going to take some time. I will opt out

If you are still there tomorrow we can talk again

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Customer reply replied 10 months ago
I actually had a few typos I fixed can you check these out and recommend how to improve them to make sure they pass
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