Legal Question in Criminal Law in California

False Arrest How to file?

Almost a year ago I was arrested for misdemeanor assault. The City attorney�s office did not file any charges. I was however detained at the request of the attorney who made the claim in the first place. I wish to file a suit against that attorney for false arrest and sue for damages. What forms and in what order do I file them. I have to wait until March 29th to file. Waiting the one-year as per the City Attorney�s office.

Thank you.


Asked on 3/19/02, 12:22 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: False Arrest How to file?

First off there's a one year statue of limitations on actions like this. So I'd sue within the year. And if you have to ask the questions that you are asking. You need some help, or go to small claims court and file your claim/law suit. The playing field will be more level in small claims. The damages for what happened to you are less than $5,000.00. Which is the jurisdictional limit of small claims court. Expect that an award in your favor (it's possible) will be appealed, and you'll get to speak your piece twice, before two different judges. To find out how to conduct yourself in small claims watch TV small claims court shows. See if you can interest Judge Judy in the case, and you'll get your judgment paid by the show. TV shows like really weird cases, that Judge Judy can play to the audience with, and yours qualifies.

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Answered on 3/19/02, 6:15 pm


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