Legal Question in Criminal Law in California

False arrest
Thanks for your time. My question goes as follows. In 2005 ,i was picked up, for a felony warrant. An offense i did not commit. I live in san diego and the warrant was out of Fresno county. I sat in county jail for two days, before they cleared my name. Only through prints and photo were they able to do that. My problem is i keep getting harrased by the police, for the same thing.Not only that, but i live in a border town.Where i have to go across the border to get my teeth fixed. Im afraid to get detained there at the border.Aparently the real guy has not been caught yet.I dont know what to do ,i dont where to turn.No one will help me. Please help ! i f you need more details please get back to me. thank you

Asked on 6/28/07, 12:53 am

2 Answers from Attorneys

David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

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Re: False arrest

When you were released, you should have received a document indicating that you are not the individual law enforcement thought you were. You must keep that document on you at all times. If you did not receive any paperwork, you must go to the agency that arrested you and get a copy of the determination that you are not the person they seek. You will have to show that to any officer who stops you believing you are the individual they are looking for. As far as travelling over the border, you will need that paperwork and proper documentation of your citizenship or legal residency. Immigration and Customs Enforcement have a record of all warrants and criminal convictions and will detain you if they believe there is a warrant out for you. By the way, it is not a false arrest when the police arrest you believing in good faith that you are someone else.

Answered on 6/28/07, 11:23 am

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