Legal Question in Criminal Law in Pennsylvania
I wanted to know if this was legal or not. My dad owners property in a city near by. He had citations (36 to be exact) 3 house citation 12 times for a total of 36 citations for no proof off occupancy. He didn't respond to the citations and a bench warrant was issued for his arrest. He got a lawyer, and the lawyer sent a letter to the city trying to come to a settlement (their were many thing involved one being two of the houses were unoccupied and etc I'll leave that at that). Before the letter arrived at the appropriate person, my father was arrested walking in a courthouse trying to evict a non paying renter and the guard who lets you through the metal detector recognized him and immediately arrest. He is 63 years old, a owner of countless propertys a good man and is taken below the courthouse to the police station under the courthouse where he was already handcuffed and than feet shackled. After being processed there he was taken by a constable and feet shackled and driven to another court house where a judge made him pay 5000 cash to be released 1/3 of 15000 of the I guess allotment of fines from the no occupancy citations. The 1/3 was not bail. When the police arrested him they never read him his right's, they put my dad in shackles, like a murder. Is this North Korea or America? I need to know if my father has a possible suit and should I hire an attorney? This is a NON violent NON DRUG citation. Thank You
1 Answer from Attorneys
A bench warrant subjects you to arrest.without notice. A good owner does NOT ignore citations especially when there were 36 of them.. While the actions of the arresting officer was proper. All he knew was that there was a bench warrant, What he didn't know was what the underlying crime was. So he had no way of knowing if the person he was arresting was violent or not.
{John}
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