Legal Question in Criminal Law in Indiana

False arrest

I was accused/charged with 3 counts of harrasment. But it was my friend who done the harrasment. My cell phone number showed on the victims records, but i was harrased about it for 2 weeks prior to my arrest. The officer told me he was going to get a outstanding warrant. He said there was 3 voice mails connected to my number. When i got arrested, the other girl(my best friend) who kept taking my phone pleaded no contest. She did sign a affadivt saying i didnt know about what she done, or made any contact with the victim.

Also the vicitm was a good friend of mine and kept in contact with me throughout the whole thing. So..

1. Was that enough probable cause(my phone numbers) to arrest me?

2. Wasn't they suppose to get a summons for me to go to court? not arrest me?

3. I never saw a judge, or got a chance to plead guilty or not guilty.

4. Do you think i have a civil case?


Asked on 5/16/02, 5:57 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: False arrest

From the facts provided, it appears that the police work was far from what one would or should expect. Yet, police usually do take the easy way rather then being concerned with the truth.

However, it would also seem that the prosecutor's office screened the matter after the officer filed the offense and declined prosecution. If so, this may explain why it was disposed of so quickly with out you appearing before a court or having to defend yourself. You would not have necessarily required receipt of a summons prior to arrest.

The real issue as to a civil suit would be whether the officer acted reasonably as a police officer given the facts and his training and the damages you sustained. Damages are of course the issue which would make for a reasonable recovery, if any. If you intend on taking action, you must place the appropriate authorities on notice that you have an issue and may act. This is required under the Indiana state tort claims act.This must also be done within six months of the arrest or would not be able to take any action other then complain to the law enforcement agency about the officer's conduct.

After notice has been given as metioned above, you should have up to two years to bring suit if the matter cannot be resolved.

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Answered on 5/18/02, 10:14 am


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