Legal Question in Criminal Law in California

My brother tried to avoid a warrant when pulled over for DUI by providing the officers with my name and date of birth twice in one month, in two seperate counties. Both times the police asked his date of birth and he initially used mine but since he was drunk, when asked again later he forgot and gave his birthdate. He is currently in prison for these offenses but I have been arrested on warrants for this twice. The first arrest caused me to lose my job and I was incarcerated overnight and released the next day after my mom contacted my former public defender who requested that the county issuing the warrant fax the fingerprints to the county I was being held in. After comparing the fingerprints I was released with no documentation. The second time I had to bail out costing me $3,200 and causing me to miss a job interview. Do I have a good case for a Wrongful Incarceration lawsuit? If so, can I expect to be awarded bail reimbursment and other money awards?


Asked on 3/27/13, 2:16 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You should post this in the civil category, which I believe would be along the lines of personal injury or civil tort law. This category is more oriented for criminal defense attorneys. Since you are asking about a civil lawsuit, you should post where those attorneys can best advise you.

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Answered on 3/27/13, 3:00 pm
Kelvin Green The Law Office of Kelvin Green

I don't see how you have a claim. The police had a warrant in the name of a person and they arrested that person. Unfortunately your brother caused this and made your life miserable. Luckily fingerprints sorted it out. The person who actually caused the injury is now in jail so suing your brother won't get you very far.

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Answered on 3/27/13, 6:21 pm


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