Legal Question in Criminal Law in Maryland
Arresting rights of individual.
My sister was pulled over by MD police for a traffic violation. Her license was suspended and there was a warrant out for her arrest. She had recently moved and had not received any forwarded mail, so had no knowledge of the charges. The police pulled her out of the vehicle,put her in cuffs and placed her in the back of the squad car with three other officers. She was never informed of her crime until the following morning after a night in jail - unpaid speeding ticket.Doesn't she have a right to know why she is being arrested and a phone call? Thanks!
1 Answer from Attorneys
Re: Arresting rights of individual.
These violations occur almost every day, they just don't get reported or they get merged with the final disposition of the case. If she wants to sue for false imprisonment and violation of her civil rights, she may prevail, but her damages are going to be small and difficult to prove. She still has to confront the basic offense of driving while suspended. Everything can be rolled into that one case, the stop, the arrest and the worse that can happen for the cops and the court may throw it out. Call, no obligation if you need further assistance. Joe Trevino. 1-800-924-6217 or 301-441-3131
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