Legal Question in Criminal Law in California
Do I have any legal recourse to recover my bail amount or can I start a law suit against the police department after being arrested and after going to all court appearances and case dropped.
3 Answers from Attorneys
Having the case dropped is not sufficient in of its self to show that the police officer did not act with probably cause in arrested you. There could be numerous reasons to drop the charges completely unrelated as to whether you commited a crime or not.
I agree with Mr. Shers. Unless you can show that the authorities knew -- when you posted bail -- that the charges against you were groundless but that they decided to prosecute you anyway, you won't have much of a case.
If you posted the bail money yourself, directly with the court, then you would be entitled to get your money back when bail was exonerated. But if you used a bail bondsman, then you most likely paid him a 10 percent premium, and signed a written contract stating that the money you paid him was not refundable.
If you think you were arrested and charged falsely, I suggest you speak to an attorney as soon as possible. A lawsuit against the police will not be successful unless you first file a government claim, and there are other procedural and substantive issues an attorney would want to evaluate in your case.
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