Monday, February 8, 2010

I got false arrested and had to pay $5000 bond and stay 24 hrs. in jail. how much $ should i press charges for?

i bought a ps3 at walmart and it broke and i returned it for cash back. a week later cops kick my door in when i answered arrested me and took me to the county jail (5 minutes befor my lil sisters graduation) for 23 hours where i had to spend $5000 to get bonded outta jail. a week later at court walmart droped the charges. can i press charges for what they did to me? if so how much $ should i ask for?I got false arrested and had to pay $5000 bond and stay 24 hrs. in jail. how much $ should i press charges for?
You'll have to be able to prove that it was done with malicious intent.I got false arrested and had to pay $5000 bond and stay 24 hrs. in jail. how much $ should i press charges for?
You cannot press charges. Charges, in the US, are pressed by the DA, not an individual. Likewise, Walmart did not drop the charges against you - the DA did, presumably after Walmart told him they did not have enough evidence for him to get a conviction.





You could sue Walmart in civil court for your damages, but you are VERY unlikely to win. The only basis for a successful suit would be ';malicious prosecution';, which would require that you be able to prove that Walmart made a criminal complaint against you KNOWING that it was false.





If Walmart made a criminal complaint in good faith, but were wrong, then they are protected from suit. This is a deliberate matter of public policy. The government *wants* people to make a police report whenever they *suspect* a crime, without having to worry about being sued if they are wrong.





After a complaint is made, the responsibility for acting on it, or not, lies with the State (The police and the DA) - and they have immunity from suit if they are wrong, as well.





Richard
Talk to an Attorney, the advice you will get here is worth just what you pay for it, nothing.
It's not a false arrest, and you cannot press charges.





Sorry.
It's not false arrest. That would be if they arrested you for no reason or made up charges. They had a complaint from Walmart, and did what they do: took you into custody. The charges were later dropped fro some reason (maybe WalMart withdrew it's complaint?).





It sucks and was a big inconvenience to you, but the police did nothing wrong.





*EDIT* - Also, you cannot press charges. You can file a lawsuit against them. You can sue anyone for anything you want. But winning a lawsuit is a whole different story.
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