Thursday, February 4, 2010

Can I sue the DA for false arrest?

On Friday the County of Ventura District Attorney's office ordered an arrest warrant for me, for contempt of court. I apparently failed to show up to a trail against my abusive ex-boyfriend on September 17th.





The only problem was, the DA failed to send me a subpoena or inform me any way possible. When they figured out about their error, they frantically had to locate a judge to reverse the order. Didn't help.





I was unlawfully arrested at home in front of my mother and my 12 year old autistic son and driven to Ventura County Jail. I was held there for 10 hours and released with an OR. Can I sue the DA for false arrest?
No, because the warrant for your arrest was duly issued by the court. Warrants based on false information are granted frequently and you cannot sue simply because this happened.Can I sue the DA for false arrest?
Just from what you are saying, I would certainly give it a shot if I was in your shoes.





Court date they failed to notify you for


You did not show up


Warrant issued


Realized error too late


Arrested


Released (unsure what an OR is)





Just make sure you get all the FACTS you can possibly obtain to prove the above information and go for it!
Of course you can sue the DA. It was their oversight, not yours. Didn't you have an advocate? I don't see how they can order an arrest warrant with out proof you were subpoenaed. Someone is going to be in some hot water over this one. Who on earth would arrest the victim?
Did they find proof that he abused you? I suppose they were putting you in jail because you tied up legal services but it doesn't make sense to put you in jail when you could be earning money to pay back the legal expenses.
California.. good luck.. They embarrassed you a bit but nobody got hurt this is going to cost you more money than you will get.
Yeah, sure
The question of whether you can sue for false arrest comes down to the question of was there probable cause for yo to be arrested. As far as the officer was concerned yes there was. so you probably can't sue him for the actual arrest.





But as far as the DA goes he had the job of issuing you the subpoena so he had no excuse for not knowing that you had not been served. So yes.





I would definitely sue. I'm sure you were quite emotionally distressed over the ordeal. as was your mother and i would imagine your autistic son really had a hard time with it. you are entitled to be compensated and they deserve to be punished for so careless a mistake.


but don't think you are just going to run to the nearest lawyer and sue. Most lawyers wont sue the local government for the simple reason that they work closely with the court employees and don't want to strain that relationship with a lawsuit.


So go get you a law firm that does just these types of lawsuits.
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