Monday, February 8, 2010

Australian Law: Somebody provided false information to Police and had me arrested. My options for recourse ?

I was renting a car, and the vendor was deducting payment from my bank account. He told Police that I had not paid anything and had me arrested for Theft of Motor Vehicle on a Sunday morning.Australian Law: Somebody provided false information to Police and had me arrested. My options for recourse ?
if you can prove that the information given to the police was false you have grounds to sue for false arrest.


Did the vendor attempt to take payment from your bank and if the vendor did there is your proof however if the vendor did not attempt to take a payment form your account and you had authorised it then the vendor has gone against your wishes. go to qld law society @ www.qls.com.au or legal aid @ www.legalaid.qld.gov.au both services can provide you with free information regarding this matter. if your not in qld those two sites can redirect you to your states website
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  • Could Kelly Osbourne get arrested for making false accusations about a Candidate?

    Why is Kelly Osbourne saying an Obama supporter attacked her?





    http://www.youtube.com/watch?v=4ps4-hyO0rYCould Kelly Osbourne get arrested for making false accusations about a Candidate?
    Damn, I thought that was Jack!Could Kelly Osbourne get arrested for making false accusations about a Candidate?
    She could get arrested if she actually makes a police report saying she was attacked in that way for that reason... if it comes out that she is lying then she can be arrested for making a false police report. Otherwise it is all here say
    No, she can't- not unless Obama pressed slander charges (he wouldn't waste the time) and even then, she'd probably just settle. And who knows, the Osbournes aren't noted for normalcy.
    It's not Kelly Osbourne and you're gonna nailed for this post if you're not careful! The link you've provided leads to some pretty nasty remarks (under the video)...
    If you could get arrested for making false accusations against a candidate, John McCain would have been in jail a long time ago.
    Because maybe he did? Where I am their throwing s... at people with McCain stickers on their cars. I believe the moronic thugs for Obama are capable of anything. Look at those goons in Acorn!!
    She's accusing a supporter, not a candidate.
    She is fond of making a scene.

    Can you get arrested for make a false accont on a dating service?

    no

    Can a Person be Arrested/Prosecuted for a False Credit Card Theft Report?

    I 'm asking cuz a friend (over 18) has a joint credit card with her mom (cuz after she got laid off, she needed to rebuild her credit history). Anyway, she never used the card, except this once %26amp;she only did it cuz she didn’t have the cash on her at the time. But before she could mail in the payment, her parents saw the transaction history online %26amp; confronted her, threatening to send her to jail for using “their” card. So in the heat of the moment, she got scared %26amp; lied %26amp; said she never used it, that she didn’t even have the card anymore. She's sent in the full payment, but she can’t tell that to her parents (since she denied using the card)


    The facts are this:


    1.) The credit card was/is a joint account, with 2 cards. 1 card is in the name of my friend, the other card is in the name of her mom


    2.) She’s made full payment for the item purchased





    Now, if the parents report the card as stolen/misused, can my friend be arrested and/or prosecuted for credit card fraud or theft??Can a Person be Arrested/Prosecuted for a False Credit Card Theft Report?
    Your friend can charge the hell out of the card and tell her parents to kiss her ***. There is not a thing they can do about it. They put her on the card, for Christ's sake. That is allowing her to make purchases. Any side agreement they made with her is irrelevant.





    If the parents knew that the card wasn't lost/ stolen and they reported it so, they could go to jail.Can a Person be Arrested/Prosecuted for a False Credit Card Theft Report?
    Wow, I was just watching a show about this a few months back...the mother went to jail for this same kind of crap!
    No, she cannot be prosecuted. First the card was in her name and she did have a right to use it, there was no forgery involved. Second the charge debt was paid in full there is no outstanding balance. She should just tell her parents that she has found the card so they don't waste the time with the police.
    if they file a report, yes, big trouble. she just needs to be an adult and tell the truth. her parents are much more likely to be understanding and forgiving if she is honest, than to find out the other way. and it will cost your friend MUCH more money!
    If her parents reported the card stolen, the Co. (Visa, MasterCard, or whoever ) will close down the account, period. And send out new cards.


    However, if they report fraudulent charges, they will send out an affidavit for friend AND mom to sign. ( because it's a joint account).


    I 'm sure the the Co. will have questions re: the payment made though, for the exact amount charged.


    No , your friend can not be arrested and /or prosecuted for either, since her name is on the card and so has authority to use it.


    The only problem is going to be explaining to her parents that it was actually her that used it, which WILL be hard , because she has lied about it.


    If her name is on the card, and she had every intention of paying the charge, I don't understand why she had to lie about it anyway. And THAT'S what she needs to remind her parents of.


    But, anyway, no, rest at ease as far as her being arrested OR prosecuted since her name is on the card, and it is a joint account. She's in the clear there.


    Another question would be, will the mom share an account with her again? will she be willing to have a card issued in the daughter's name also?


    I hate to say it again, but, she needs to fess up to her parents. She did absolutely nothing wrong.
    She needs to tell the parents. They blew it when they said they were going to have her arrested. Those parents sound awful.
    NO!!!!!!!
    Whoa man! This is much funnier then the Comedy Channel! normobrian...you are a riot!





    OK, lets see. Parents call to report card stolen. Police must take report, and add it to the thousands of other identity theft reports they have. And they will be very upset because you cut into their coffee/donut time by filling out that paperwork. But in the end, NOTHING will happen. The credit card is canceled out and a new card is issued. This is treated exactly the same as a lost card.





    Trust me....the police will NOT be investing a lost/stolen credit card unless it is used in the future.





    Your friend already paid for the purchase, so there is nothing to be concerned about from that end.





    Bottom line, ignore these ';monkey-dink'; answers and just be calm. Your friend did something stupid. Her penalty is the lost of her parents trust. She really needs to just admit she did it, and point out that the bill is paid and no damage is done.
    it looks a bit confusing but i think you should be ok just make sure you do not use the card again.


    looks like people are not reading all the info again
    She should call the credit card company and explain what happened. No one will prosecute since it is paid off. Next she should get her own credit car. She can certainly tell her parents the truth--if they were all that great at parenting she wouldn't be in the situation to begin with.
    Your friend needs to just be honest about the whole thing. If the parents are willing to go that far then she has a history of stealing or dishonesty.
    1. Yes reporting a card as stolen when it is not is considered as filing a false police report.





    2. If the card is in her name, regardless of who else is on the card, her parents could not have her arrested for using the card. The most they could do was cancel the card. (If they didn't want her to use it why give it to her?) Also her parents cannot ';send her to jail';. Only the court system can do that.





    3. Your friend cannot be arrested for credit card theft or fraud as she committed neither.





    4. Yes your friends transaction could be traced back to her if the police looked intently into it (I assume she probably signed for the item when she used the card).

    Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?

    a person whom was arrested after a 19 yr service, charged then cleared of all charges, but was still denied reenstatement, could this person take the state to court as well as sue the state.Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?
    I think you should contact a lawyer. He will be more able to answer your questions. Also, try your union, or you police officers association, or your state law enforcement association.Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?
    Police officers who claim to have been wrongfully discharged frequently sue the department that fired them.
    No, but they could sue the police department that refused his re-instatement.
    It gets a little confusing. If it was a local department then the former officer can, and usually does sue. It was common on my old and v ery large department.


    If it was a state department, it matters on the state. The ex officer can sue in most but in others the state has laws like the Feds saying that you cannot sue without them agreeing to be sued.





    There are plenty of labor law alternatives (both Federal and most states have specific protection laws)to attempt reinstatement.


    This is a labor law case and the ex officer will need a specialized labor attorney
    No.





    The state wasn't who they worked for and the state didn't do him any harm. That was from the agency he worked for.








    He could sue, but he wouldn't win.
    It's possible...but your friend would have to check with a lawyer for a stronger answer on what his odds are.





    Depending on the circumstances in which the person was cleared, he should be able to be reinstated, or at least legally fight to be reinstated. Keep in mind, however, that ';cleared of all charges'; doesn't necessarily mean that the DA is admitting they made a mistake or got the wrong man...it could possibly mean that they just don't have enough evidence to legally warrant taking him to trial (or they don't feel they can obtain a conviction with the evidence they have). That's a whole other story...and a police organization would understandably not be too crazy about reinstating an officer still under a legal cloud of suspicion.





    Suing the state for the arrest/charge is a trickier proposition. The law gives law enforcement some leeway with regards to ';good faith';...for example, can a disinterested observer see that the police drew the same conclusions and suspected the same person most other reasonable people would have, given the facts and circumstances? Actions taken in good faith are harder to fight in court. For a criminal complaint and/or lawsuit to be successful, you would likely have to prove there was some negligence/carelessness or intent to harm on the part of the police.





    I hope this answers your question...good luck.

    Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?

    a person whom was arrested after a 19 yr service, charged then cleared of all charges, but was still denied reenstatement, could this person take the state to court as well as sue the state.Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?
    No, but they could sue the police department that refused his re-instatement.Can an officer sue the state if he/she was arrested, charged, then terminated under false allegations?
    I think you should contact a lawyer. He will be more able to answer your questions. Also, try your union, or you police officers association, or your state law enforcement association.
    Police officers who claim to have been wrongfully discharged frequently sue the department that fired them.
    It's possible...but your friend would have to check with a lawyer for a stronger answer on what his odds are.





    Depending on the circumstances in which the person was cleared, he should be able to be reinstated, or at least legally fight to be reinstated. Keep in mind, however, that ';cleared of all charges'; doesn't necessarily mean that the DA is admitting they made a mistake or got the wrong man...it could possibly mean that they just don't have enough evidence to legally warrant taking him to trial (or they don't feel they can obtain a conviction with the evidence they have). That's a whole other story...and a police organization would understandably not be too crazy about reinstating an officer still under a legal cloud of suspicion.





    Suing the state for the arrest/charge is a trickier proposition. The law gives law enforcement some leeway with regards to ';good faith';...for example, can a disinterested observer see that the police drew the same conclusions and suspected the same person most other reasonable people would have, given the facts and circumstances? Actions taken in good faith are harder to fight in court. For a criminal complaint and/or lawsuit to be successful, you would likely have to prove there was some negligence/carelessness or intent to harm on the part of the police.





    I hope this answers your question...good luck.
    No.





    The state wasn't who they worked for and the state didn't do him any harm. That was from the agency he worked for.








    He could sue, but he wouldn't win.
    It gets a little confusing. If it was a local department then the former officer can, and usually does sue. It was common on my old and v ery large department.


    If it was a state department, it matters on the state. The ex officer can sue in most but in others the state has laws like the Feds saying that you cannot sue without them agreeing to be sued.





    There are plenty of labor law alternatives (both Federal and most states have specific protection laws)to attempt reinstatement.


    This is a labor law case and the ex officer will need a specialized labor attorney

    Since there was no weapons of mass destruction,,,,how come nobody was arrested for making a false statement?

    This is a big decision ,,,people were killed,,,trillions of dollars were spent ,,,etc etc etcSince there was no weapons of mass destruction,,,,how come nobody was arrested for making a false statement?
    yes thousand of innasent people were killed for what nothing i think blair and bush should be brought up for umanaterian crimes aganst the people of iraq and making fals allagation and invading their country so my apinon is bush and blair are liers there was no mas wepon of distuction ever foundSince there was no weapons of mass destruction,,,,how come nobody was arrested for making a false statement?
    Being wrong/mistaken is not a crime.
    Bad intelligence does not constitute a false statement. For example, if you watched your neighbor's house for a week straight 24/7 and everyday you saw people carrying what looked like weapons cases and rolled bloody carpets in, but never coming out. Not to mention you've got one of your buddies on the inside letting you know what's in those cases and those rolled up carpets. What would you conclude? Probably that something was amist!! But when you finally decide to due something about it...kick in the door... and stop the crimes you are certain are going on....They've moved everything out when you and your buddy are sleep; over one state...known as Iran. Should you be punished? Because all arrows and fingers pointed to the obvious. Probably not...human intelligence means you have human error.
    Well then you have to prosecute Johnson, Truman, FDR, wilson and McKinley, should we dig them up.
    Who are you going to arrest? Everybody? Most in the US believed it. Including Russia and England and for that matter, most of the free world.
    There was weopons of mass destruction and the US found them
    Well that would mean we would have to arrest bill clinton and his administration..





    Nice try
    There were weapons of mass destruction. He gassed the Kurds


    in the North of Iraq. He used gas in the Iran-Iraq war. But we blew most of them up in 1991. So he did have weapons of mass destruction at one time so it was not a lie.
    I have em right here


    *flexes arms*
    there was wmd's i was in iraq and was in a spec op's RECON unit and was hit with mustard gas and found a bunch of bunkers with the chit in it...not really what we were looking for but it was there and we did get hit so just cause they dont say everything that should be said dosnt mean it didnt happ'n


    maybe if you want real answers you should ask real soldiers not the local new's crew. not your fault for not knowing. thank u
    Call Al Sharpton or Jesse Jackson , they will have someone hung for it
    Because being wrong is not a lie.
    stop listening and repeating idiots
    well not trillions of dollars but there were WMD's not nukes but chemical weapons and sadams initial resistance to UN made him suspisious and the WMD's were gasses and bio weapons that he used to exicute towns of people.
    Wow. Only five answers and already someone has repeated the lie about having found weapons of mass destruction.
    Give it a rest please
    Saddam used weapons of mass destruction on his own people! If 50 people witnessed a man kill a person in the middle of the day would the police be wrong for arresting the man the next day even if they can't find the gun? Of course they wouldn't. We warned Saddam that we were coming in plenty of time for him to get rid of his weapons, but even if he didn't have them, he said he did. That is enough! end of story! move on! The fact that we are still being attacked over there is proof that we made the right move.
    Blame the cowardly media. Bush/Rove %26amp; Co. trashed and intimidated them. The general public didn't start to get the truth until 2005.
    they are there, just not found yet ! they do have them stashed somewhere !
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