Legal Question in Criminal Law in California

I was a passenger of a vehicle. One of the officer approached me and thought I was under the influence of controlled substance. He asked me to close my eyes multiple times and I refused to close my eyes. He arrested me and charged me later at the police station resisting, obstructing an officer. I came out clean after chemical urine test of course. But obstructing arrest he gave me later for unknown reason. Do i have a civil lawsuit case for harrasement, emotional , etc... I have a laywer prabably will be dismissed.


Asked on 10/31/10, 1:49 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You should talk to a lawyer familiar with civil law. You cannot sue a public entity or a police officer without first filing a claim. You must do so within 6 months of the claim arising. The public entity must reject the claim, or the claim be rejected by operation of law before you can file a lawsuit.

The fact that criminal charges are pending, however, means you cannot file a civil lawsuit until the criminal charges have been resolved. This typically means you have to file a claim, and then defend the criminal matter, and file the lawsuit after the criminal matter is dismissed.

I point this out, because very few of the criminal defense attorneys that I know handle civil harassment lawsuits, and you have posted in the criminal law category.

Read more
Answered on 11/05/10, 9:25 am


Related Questions & Answers

More Criminal Law questions and answers in California