Legal Question in Civil Litigation in California

Sueing a parent for getting my 18 years old arrested

My daughter was arrested for drug charges, she took a plea of people v. west and was charge with pc 32. We have paid over 9,000 in attorneys and fees. The parents of the 17 year old that got my daughter involved in this is who I would like to sue. I have a two statements from the 17 years old and her mother stating that my daughter was not involved in this in any way. My daughter gave a ride to a minor and was told she needed to pick up something for school from a friend and this minor did a drug deal to a undercover police man, and her and my daughter was arrested. My daughter is an excellent student, with no drug or any problems with the law. What I need to know is if I could win a case like this and if so what type of attorney do I need to hire.

Thank you, Michelle


Asked on 3/01/04, 11:34 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Sueing a parent for getting my 18 years old arrested

you may have civil remedies available to you in respect to these matters, but we would need more background information on the persons involved, as well as the outcome of the criminal matter more or less. if you would like to email us today with an overview and/or your phone contact information, we may be able to give u a free consultation on everything here.

Read more
Answered on 3/01/04, 11:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Sueing a parent for getting my 18 years old arrested

I don't understand what you would claim in your proposed lawsuit. Since you say your daughter doesn't use drugs and wasn't involved in the drug deal, you can't claim that the other kid got her started. Your daughter's plea means there was a valid basis for her arrest, so you can't claim the arrest is someone else's fault.

Your question isn't very clear about this, but you might be thinking of suing the person who reported your daughter to the police. There are two reasons why you can't win such a suit. First, police reports are absolutely privileged and cannot form the basis for such a suit. The second reason is that, even if you could sue, your daughter's plea would prevent you from proving that the police report is false.

Read more
Answered on 3/01/04, 11:48 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California