Legal Question in Criminal Law in California

FALSE CITIZENS ARREST!!!!

I'm 57 on disability with a back condition. I called the police(911) about 2 -26 yr. old neighbors threating me while I was in my garage.In turn they called & said I was threatening them with a gun! They admited seeing my antique muzzle loader at a prior time.They told the police I had that gun! The cops said do I have such a gun& I said yes in its case in the closet.I showed them where it was stored. He took it to them & they said that was the gun. They set me up! I was alone & they had 5 people all taking pics. of me holding my walking stick & rubber mallet in my garage as they said they were coming in to get me! I was on the phone with 911 at the time.I was arrested when I called to arrest these 2 guys! The cop said they were doing a citizens arrest due to the gun I never had! There will be no pics. of the gun! Then they went the next day & put a restraining order on me! i had to turn all my guns & I am losing my house due to this incident!My family has a 5 yr. history of our documented multible complaints to the H.O. & polce. They are substance abusers to say it litely!


Asked on 9/15/09, 11:12 am

2 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

You don't give any indication of your location. You need to see a criminal defense lawyer immediately, and stop talking to the police. This damage can probably be undone and your arrest record sealed. It is not clear to me how you are "losing your house". If that is just what they threatened to do with a civil law suit, I think it unlikely, but you have to fight this hard.

If you have not yet been charged by the District Attorney, it is not too late to influence him not to charge you, but it has to be done in writing BEFORE the first court date. I don't think they will get away with this, but you can't just lay back and see what happens.

Please see this article on my website for further information on this process, and if your case is in the San Francisco Bay Area, perhaps I could help you. If you like you can then give me a call for a free telephone consultation.:

http://dinday.com/info04.htm

and

http://dinday.com/results.htm

Good luck

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Answered on 9/15/09, 12:08 pm
Terry A. Nelson Nelson & Lawless

You have explained your defenses to these charges, which your attorney will need to use in the criminal case you are charged with. It is too late to tell you not to speak to police without counsel. Doing so to be 'cooperative' got you into this situation. It is probably also too late to tell you to fight the RO, to avoid permanent loss of your right to own firearms.

You have to defend this, just like any other defendant charged, rightly or wrongly. You need to understand that the police and DA both have reviewed the reports and evidence, and have concluded that they can convict you on the facts available to them. If this is in SoCal courts, and if you're serious about hiring experienced counsel, feel free to contact me. If you can't afford private counsel, apply for the Public Defender immediately.

Also understand, that if this is really a 'citizen's arrest', then you will have grounds for a civil lawsuit against those neighbors if they do not prosecute this case and win. Talk to your lawyer for full details.

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Answered on 9/15/09, 2:40 pm


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