Legal Question in Criminal Law in California

false arrest

how and when can i try to prove lack of probable cause at the time of arrest. the evidence was withheld at pre-lim. the witness to the attempted theft was brought to where i was being held and asked if he could i.d. me as the suspect. he answered no i can not i.d. him as the suspect. because i had a record they arrested me anyway.


Asked on 9/14/08, 12:14 am

1 Answer from Attorneys
Gary Polston The Law Office of Gary M. Polston

Re: false arrest

You attempt to prove lack of probable cause at every step of the proceedings, preliminary hearing and at trial. If nobody can identify you as the perpetrator of the crime, it put a large hole in the government's case

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Answered on 9/15/08, 1:57 pm


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