Legal Question in Criminal Law in California

Arrested for same crime twice

I was arrested for stealing, and went to jail.

A few weeks later I was arrested again for stealing, but it was the same crime.

I did not steal after my first arrest.

The police used evidence from AT&T that a stolen laptop had been using the wireless internet at my house, but the date from AT&T was before my first arrest.

For my second arrest the court returned my bail money and the paperwork said ''no complaint filed''

Basically, I think I was wrongfully arrested the second time, because it was for the same crime.

Can I sue?

I'm bipolar and used to be suicidal, my second arrest brought up these tendencies again and put me through rapid cycling.

I want to sue for emotional and mental distress, as well as other things, if I can.

It makes sense that police can arrest me twice provided they have evidence of a new crime, but they didn't.

Thank you for your time


Asked on 7/13/09, 4:36 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Arrested for same crime twice

You say the second arrest was for the same crime, but you seem to base this on the fact that the date of that crime was before your first arrest. If violated the same law repeatedly you can be charged for each violation, even if you have already been arrested and convicted for one of those violations.

Can you sue? Yes. Can you win? Only if you can prove both that your recent arrest was groundless *and* that the police knew this (or at least should have known it) at the time.

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Answered on 7/13/09, 1:37 pm


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