Legal Question in Criminal Law in California

I was served with an EPO yesterday and it expired at 5 PM. I was served at 10 AM at my home and the officer left. He returned 30 minutes later and apologized and told me he had to arrest me. He did not have a warrant and he asked me to come to station house to talk to investigator. When we got to station house I was not allowed to talk to investigator and was arrested. Is this a false arrest ?


Asked on 2/11/12, 6:22 pm

1 Answer from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

"he asked me to come to station house to talk to investigator."

Did you tell him "NO, mister piggy, not without a warrant!"?

If he only ASKED, and you went, you have no one to blame but the usual...

Your question also makes no sense, as it says he said he had come to arrest you, but then took you to the station. WERE YOU ARRESTED AT THE TIME OF THE DRIVE?

I have never heard of anyone being told they were going to be arrested, then requested "not arrested) to go to the station. Were you handcuffed before the ride? Did you request an attorney be there (if not, you got no one to blame but you know who!!).

Did he give you Miranda rights before you went to the station?

Could you clarify this please?

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Answered on 2/11/12, 6:47 pm


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