Legal Question in Criminal Law in California

On 5-12-10 i was arrested by the cathedral city pd on a felony poss. charge. after being booked i posted bail and was released.. on 10/19/10 riverside sheriff's arrested me at my home on a warrant for the same case.. my bail was reinstated on 10/12/10 . my court date was not for another month. i explained to the officer that there had to be a mistake because i was waiting to go to court on this charge,, he did not respond to me and i was taken to the jail , again. once at the jail, they told the warrant had been dropped and took me back to my home.

my question to you is this; do i have any legal grounds to stand on to file charges on the arresting agency for harassment and false arrest

thank you.


Asked on 11/15/10, 1:46 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You cannot "file charges" on anyone. Only the District Attorney can file a criminal case.

You're facing felony charges, which should be your biggest concern. Before you do ANYTHING, you should talk to your lawyer in the criminal case. If you can't afford to hire your own attorney, the judge will appoint the Public Defender when you go to court.

You might have a civil case against some government agency, but it's hard to tell which one. If the court incorrectly told the police department there was an active warrant for your arrest, the cops were not at fault. Keep in mind that you must file a claim with a government agency before you can sure it; usually, these claims must be filed within six months of the event.

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Answered on 11/20/10, 6:42 am


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