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Arrested on false warrant. Do i have a standing for a lawsuit? (HELP) Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by Guest, Dec 31, 2014.

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  1. Guest

    Guest Law Topic Starter Guest

    My question involves civil rights in the State of: California

    Before I share my story I was wondering if I had strong standings for a lawsuit and if I do...how would I go about it?

    Here's my story...

    I got sentenced to prison for a couple of years.
    Before i got transported to prison an ICE (immigration) agent came and saw me at the county jail.
    Paper works got signed and the county was told of my release.
    The county was told that upon my release from state prison i would be picked up by ICE (not getting released back into the streets).
    The county knows that i was not going to get released back out into the streets, instead i would be in ICE's custody.
    With the county knowing all of this...i went to prison.
    I served my time and on the day i got released from state prison ICE came and got me (that very same day while i was still in chains/custody).
    48 hours later...a warrant was issued for my arrest "failure to appear" (to report to parole in person).
    I spent the next few months in a federal detention facility with this warrant still active.
    After everything was resolved with ICE my federal case officer wanted to release me (...finally going home! i said to myself).
    Federal case officer comes and tells me...I was going to release you today but it looks like your county has an "outstanding warrant" out for your arrest.
    Federal case officer tells me that this has happened before to other people in different counties.
    Federal case officer tells me with those other counties the warrant would be lifted/get dismissed after he called and explained.
    Federal case officer tells me he doesn't know what's going on in my county and that it was odd they wouldn't get the warrant dismissed.
    ...remember the warrant was issued for "failure to appear/report to parole after being released from state prison"
    ...i was still in custody. It was not possible for me to report in person no matter how much i wanted to.
    Federal case officer tells me he won't be able to release me and that i would have to spend a couple days in county jail at the most before i get released.
    ...because of this mistake/error made by my county (i am starting to think it wasn't a mistake/error...) i suffered.
    I got transported to my county and booked into the county jail.
    I spent a couple days there and thought i was going to get released during my arraignment.
    During my arraignment the judge stated that the county did not know where i was after i got released from state prison (when in fact they knew...)
    ...i did not get released.
    My next court date came...i went and they tried to make me plea guilty to "failure to appear/report in person" after my release from state prison.
    I told them i wasn't going to plea guilty. You guys knew of my whereabouts. I am going to plea not guilty.
    I spent more time in jail. I did my own research, gathered up my own paper work and evidence/proof (while the county sits there laughing and knowing that i am innocence, still they wanted to make me plea guilty).
    Next court date came my lawyer presented extra paper work/evidence and proof of where i actually was and i even gathered up a piece of paper work issued by my county saying that they did in fact received information on my whereabouts and knew that i would be in ICE's custody on the day of my release from state prison.

    I have proof and paper work "hard evidence" saying that my county knew about my situation and future custody in ICE. This paper work was before i got transported to prison.
    ...remember when the ice agent came and saw me the first time while i was in county jail waiting to be transferred to state prison? My county knew about it since then.
    ...and they had over 3 months to fix the mistake/error (warrant), but they choose not too or ?
    ...I am starting to think it's a loophole the county knows about and is taking advantage of for $. Because i got transported, booked in and they even attempted to make me plea guilty to this warrant (i could have faced 180 days or more in jail).

    Anyways...I was found innocence and got released.

    I do want to sue for false imprisonment, loss of income, psychological stress, hardship and loss of potential employment that was lined up for me.

    Please let me know if i have strong grounds for a lawsuit and if i do how do i go about it?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Sounds terrible and that you have a lawsuit. Assuming what you say is true, I'm sure there will be an attorney who would be willing to take your case. That said, most of the time the truth and facts typically vary from the perspective of the injured. Why would the government want to continue to put you into jail and cause you endless amount of problems in this fashion? What did your lawyer tell you? That is the one thing you haven't shared with us and it would probably be the most revealing key as to why some of this may have happened.

    Regarding an innocent verdict - it doesn't mean the crime didn't occur. It means that, after a trial, a judge or jury concluded that the evidence was not sufficient for a conviction. People are fond of saying that just because OJ was acquitted doesn't mean he didn't murder Ron and Nicole. It's something to consider with regard to a lawsuit, which can't be merely that you weren't convicted by the charges and evidence were sufficient to warrant a trial. Best of luck to you.
     

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