Legal Question in Criminal Law in Kansas

I was arrested on May 30 2009 on a warrant outside of the state I reside. I was bonded out and went to volintarily turn myself in,when I arrived I was told there was no warrant issued for my arrest. There was a bill of charges against me only, I recieved court dates and appeared on Sept. 23 2009 for pretrial, Nov. 2 2009 for docket sounding and plea, the DA had no file on me at all either time. Everything was reset and I had to appear on Jan 22 2010 for pretrial again, this time i was arrested and had to bond out.

I have lost my job, house, and my vehicles, not mention the time and money my parents have spent making sure i made it to my court dates. Is there any legal recourse being that it seems that i was falsely arrested for a non existant warrant and the lack of any kind of DA file?


Asked on 1/30/10, 10:58 pm

1 Answer from Attorneys
Sean Santoro Santoro Law Office

Although false arrest/malicious prosecution is a recognized tort, the standard of proof is so high that successful actions against DA's and police are rare. Mere negligence on the part of court officials is not enough. You would have to prove that the police and court personnel knew, or should have known, that there was no reasonable suspicion that you had committed a crime.

More to the point, it appears you have been charged. You do not state whether the new charge is warranted, or if there was any probable cause to charge you. I need more information to fully advise you. Feel free to contact me if you want to look into this.

Sean Santoro/Licensed in KS and MO

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Answered on 2/05/10, 8:22 am


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