Legal Question in Criminal Law in California

I was falsely arrested on a felony charge. Bailed out of jail. Then later recieved a letter in the mail to appear in court on misderminor charges. I got police report and in it, it stated that i was falsely arrested. What can I do about this?


Asked on 1/20/11, 7:56 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

I'm missing something in your question. Somehow charges got filed against you, but you have paperwork indicating this was a false arrest?

Obviously, if what you wrote is true, you have a great defense, but you can't ignore the fact that you are charged. You're going to have to sort this out with a lawyer representing you. If it's determined that this was a false arrest, you should discuss a petition for factual innocence with your lawyer to get this arrest wiped from your record.

And... if it's all false, you can consider suing the person in civil court the person who put you through all this grief and expense.

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Answered on 1/25/11, 9:40 pm
Terry A. Nelson Nelson & Lawless

I suspect the police report did not say 'falsely arrested', but that you believe you were. If the report said that, the DA would not have filed charges against you.

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, diversion, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 1/26/11, 10:03 am


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