Legal Question in Criminal Law in Pennsylvania

False arrest, attorney malpractice

In 1986, I was a victim of a Philadelphia PD "ped stop." In front of my neighbors, I was detained, cuffed, frisked, put into a van, then transported to a "police building." I was again frisked, then transported to another location as a murder suspect. At this location, I was again searched, questioned at length by a detective, then, printed and had my picture taken. I was eventually released without charges. I have no criminal record. The attorney who was representing me at the time on another issue, was also the Philadelphila PD Fraternal Order of Police attorney. This attorney encouraged me to relocate out of Philadelphia. At no time did he indicate that I had a remedy against this misconduct. Questions: (1) What are my "false arrest" remedies, and (2) Do I have a case against this attorney?


Asked on 4/16/98, 10:02 pm

1 Answer from Attorneys

Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

Sleeping dogs shouldn't be kicked

First, when an individual states that they want to sue a lawyer, very few lawyers will volunteer to become the next target. I am no exception. As to your claim, if any, against the police, you would need to consult with a lawer in that area, preferrably in PA. As to a claim against the lawyer, didn't you ask him for his advice, thinking that you had a claim? Did you seek an answer to that question or for his advice as to your best course of action at that time? I have advised people to get out of town more than once. When they got out of town, I never heard from them again. When they stayed, well, they became criminal clients.

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Answered on 5/13/98, 1:42 pm


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