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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26870
Experience:  Active member of the NYS bar since 1989
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I would like to file a complaint against the San Antonio

Customer Question

i would like to file a complaint against the San Antonio police Dept
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Texas Jan 2016
JA: Has anything been filed or reported?
Customer: no i waited until all charges was dismiss in june
JA: Anything else you want the lawyer to know before I connect you?
Customer: i was the arrested after i call to report that i was being robbed. i was taken to jail after the police came to my motel and ask be to show .id and then ask me to step out of the door they put hand cuff on me .arrested me for being drunk in public.
Submitted: 8 months ago.
Category: Legal
Expert:  Zoey, JD replied 8 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 8 months ago.

You need to talk to a local civil rights lawyer or to a local civil litigator in general practice who is accustomed to going head-to-head against government agencies. He can tell you how viable your suit is, because just the fact that you got your case dismissed doesn't mean that you were the victim of a wrongful arrest.

The usual stumbling block in such suits is that there must be no probable cause for the arrest. If there's probable cause then you will not make out a necessary element for the cause of action and your complaint will be dismissed.

Probable cause is just a reasonable belief that you may have committed a crime, and it's a very low standard of proof. In general, police do not make arrests unless they have probable cause to do so, though in particular, the police will sometimes violate the civil rights of a defendant.

In your matter, the police had probable cause to get involved with you. You yourself called them to report a different crime. But if they ordered you to step out of your hotel room where you would have been entitled to drink or be drunk and then arrested you for public drunkenness, that would be entrapment, and they would have arrested you without probable cause and in violation of your civil rights.

If your case was completely dismissed and was not an adjudicated dismissal where you had to serve a sentence first to get the matter tossed out, then on the basis of the facts you have given me, it does look as if you were falsely arrested. I'd urge you to seek out counsel as soon as possible as this kind of case in your state has only a two-year shelf life and you have waited almost a full year already to get moving on it.

If you are not sure where to find a lawyer to assist with this locally, try the Texas State Bar Association's Lawyer Referral Service. They charge a fee of around $50 for the referral, but it includes a free half hour consultation with the lawyer.

Good luck!

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it.

If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or 5 stars, as that is the only way that JustAnswer gives us Experts credit for our work here. You would still be able to ask further follow ups about this incident for no additional cost, even after I've been rated.

Expert:  Zoey, JD replied 8 months 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.

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