Legal Question in Criminal Law in California
False arrest
Is there any legal recourse against a law enforcement agency that arrests someone for being under the influence of methanphetimine and the blood test is negative for all substances and there were no other violations, no criminal history, and no evidence.
2 Answers from Attorneys
Re: False arrest
Maybe, but only if there really was "no evidence" (very unlikely) or if the police knew the arrestee was innocent when they decided to arrest him. Honest mistakes happen, and police who make such mistakes are not liable for them.
Re: False arrest
An attorney who does police misconduct/personal injury would have to look at the facts of your case to determine whether you have a viable case. As for other legal recourse, you can make a complaint to the police department, your local police review board, etc. If you are inclined to sue the department, because they are a governmental agency you have certain time limitations to make a claim against the governmental agency that arrested you. Some are as short as 6 months. You should consult with an attorney to make sure you don't fall outside any time limitations if you decide to pursue some legal action.
Good luck,
Related Questions & Answers
-
Hit and run is a hit and run on a parked car a felony Asked 11/04/07, 5:27 pm in United States California Criminal Law
-
Parolee stopped with drugs not belonging to him he was pulled over by himself... Asked 11/04/07, 2:42 pm in United States California Criminal Law
-
Weapon Found After Arraignment A weapon was found in an impounded vehicle... Asked 11/04/07, 12:16 am in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
