Wrongful arrest and libel

W

wwheeler500

New Member
Hey from South Carolina guys
Several months ago I was arrested for financial identity fraud. As it turns out and I was sure to begin with I wasn't guilty of the charge. At the bond hearing I was understandably upset and really gave the judge a piece of my mind because I wasn't guilty.
Now this is what's happened. I was working for a car wash which not to mention made you clock out when you weren't washing a car. The manager had decided to make out checks in employees names one of the victims being myself. At first until I talk to my roommate which was also working at the business I had thought someone had probably stolen ID and cashed a check in my name. However upon closer examination I did remember that there was no need to have an ID because the managers simply told the store owner who was working for the car wash and checks were cashed for people without proper identification. I a couple months or so before the said offense did quit. This was due to a two-week paycheck being written for $200. I probably was guilty of saying some real nasty things just before I told them I would do them a favor and not come back on their property. That being the end of it I thought I hadn't even thought of the car wash until sometime in January or February when a County Deputy arrested me at my home for the said offense. Due to that I spent six days in jail. I finally made bond and about a month ago 2 investigators from the jurisdiction of the offense appeared at my home to interview me about the wrongdoing.
Obviously I'm wondering what remedy I have due to being wrongly arrested. Is there a civil side to this and if so what is my course of action?

Sent from my LML212VL using Tapatalk
 
It's never a good idea to give a judge a piece of your mind no matter what the excuse. It never works out. You make polite objection or exception and go on.

Understand that just because you were innocent doesn't make the arrest "wrongful." To be wrongful, there has to be a lack of probable cause to detain you. I'm still having a hard time following your story, but it seems likely they did have such probable cause.

If your roommate lied and said you did it to either get you in trouble or to escape culpability himself, you may have a claim against him.
 
wwheeler500 said:
Hey from South Carolina guys
Several months ago I was arrested for financial identity fraud. As it turns out and I was sure to begin with I wasn't guilty of the charge. At the bond hearing I was understandably upset and really gave the judge a piece of my mind because I wasn't guilty.
Now this is what's happened. I was working for a car wash which not to mention made you clock out when you weren't washing a car. The manager had decided to make out checks in employees names one of the victims being myself. At first until I talk to my roommate which was also working at the business I had thought someone had probably stolen ID and cashed a check in my name. However upon closer examination I did remember that there was no need to have an ID because the managers simply told the store owner who was working for the car wash and checks were cashed for people without proper identification. I a couple months or so before the said offense did quit. This was due to a two-week paycheck being written for $200. I probably was guilty of saying some real nasty things just before I told them I would do them a favor and not come back on their property. That being the end of it I thought I hadn't even thought of the car wash until sometime in January or February when a County Deputy arrested me at my home for the said offense. Due to that I spent six days in jail. I finally made bond and about a month ago 2 investigators from the jurisdiction of the offense appeared at my home to interview me about the wrongdoing.
Obviously I'm wondering what remedy I have due to being wrongly arrested. Is there a civil side to this and if so what is my course of action?

Sent from my LML212VL using Tapatalk
Click to expand...
Hire an attorney and stop posting about it on the internet. Also come up with a better story...The ^ story stinks.
 
wwheeler500 said:
As it turns out and I was sure to begin with I wasn't guilty of the charge.
Click to expand...


Our US and state constitutions, along with various Supreme Court rulings provide us ALL with a wonderful, magnificent, beautiful cloak guaranteeing the presumption of innocence.

No criminal defendant needs to say one word, not even to plead NOT GUILTY.

All criminal defendants can remain MUTE at the initial arraignment and the court will enter a NOT GUILTY on the defendant's behalf.

wwheeler500 said:
At the bond hearing I was understandably upset and really gave the judge a piece of my mind because I wasn't guilty.
Click to expand...


Quite unnecessary, unnerving, impolite, and in MY court would have earned you a contempt citation and 48 hours in jail to cool your heals, before being allowed to return to my court and apologize to the court on the record, whereupon you would have received at least a $500 fine.

wwheeler500 said:
2 investigators from the jurisdiction of the offense appeared at my home to interview me about the wrongdoing.
Click to expand...

I hope you USED your RIGHT to say, "I wish to use my RIGHT to remain silent. I want to speak to my lawyer."

I'm sure at that point a smart person such as yourself then closed your mouth, smiling wryly like the Mona Lisa.

Good for you, pal.

wwheeler500 said:
Obviously I'm wondering what remedy I have due to being wrongly arrested.
Click to expand...

If you THINK you were the victim of a wrongful arrest, speak to a couple lawyers in your county about your damages and how you seek your remedies under the law.

False Arrest & False Imprisonment in South Carolina
 
They you were ultimately not found guilty does not mean you are wrongfully arrested. That is a much bigger hill to climb than you might realize.
 
Sheesh.
Not much help here situation sucks more than the story.
Unfortunately to change the story would be to change the facts.
Hiring a lawyer would be my best interest.
End thread......

Sent from my LML212VL using Tapatalk
 
wwheeler500 said:
Sheesh.
Not much help here situation sucks more than the story.
Unfortunately to change the story would be to change the facts.
Hiring a lawyer would be my best interest.
End thread......

Sent from my LML212VL using Tapatalk
Click to expand...

In Malloy v. Hogan, the U.S. Supreme Court ruled a defendant has the right to plead the fifth in State criminal cases, as well as, Federal criminal cases. As a criminal defendant you can choose not to take the stand in order to protect yourself from self-incrimination, however, once you have chosen to do so you have waived your right to testify. Criminal defendants cannot choose to answer some questions and not others. It's an all or none scenario in criminal cases.

In Griffin v. California, the U.S. Supreme Court ruled that a jury may not infer that a defendant is guilty because the defendant plead the fifth and refused to testify. The U.S. Supreme Court later strengthened this ruling in Ohio v. Reiner.


At your request, the thread is closed.

The law has few magic word or incantations.

There is one that every suspect should invoke, "I invoke my RIGHT to remain silent."

Another one is, "I want a lawyer, and I ain't talkin' to you, copper!"

Another one is only four words, "NOT GUILTY, your honor."

One more is a bit longer, some say clumsy, "I choose not to testify on the grounds of my Fifth Amendment protection NOT to incriminate myself and I wish the advice of counsel."
 
Glad to hear that the charges were dropped. Without saying more about the case, if you were charged for what may have been a scheme to defraud by someone else (e.g. your former employer) and you spent six days in jail as a result, the civil side of the case is that you may wish to consider taking action against the perpetrator of the offense. You may wish to speak to an attorney, who would be in the best position to give you proper legal advice. The attorney may tell you that they will likely wait and see how the case against your former employer develops since a guilty plea and/or admission in a criminal proceeding can be admitted in civil proceedings against a defendant. Good luck to you.
 

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