Legal Question in Criminal Law in Virginia

I was arrested for something I didn't do. I had a $50,000 bond. Two months later I was released from court with an apology and $0 bond.

10 days into my incarceration I was brought to court for my preliminary hearing. I waived my preliminary hearing because I had no idea what was going on due to poor legal advice from my public defender. I was returned to jail until I appeared in front of the judge two months later.

From what I've been told if the police have probable cause they can arrest you but I don't believe they did. Let me explain. I was with a friend in a car 5 minutes before I was arrested, at this time the crime had already occurred. I left my friend and began walking down the street in (unfortunately for me)the exact same clothing combination as the REAL criminal except for my skin color. Which the original police report of the phone call clearly reads is not the same race as me. Police quickly stopped me and I immediately pulled my bandanna down and made eye contact. I talked to police calmly for 40 minutes then agreed to be placed into handcuffs because I looked "nervous" and wanted to be as cooperative as possible. I was identified by the victim while still on the street in a dark location with the victim in the back of a police car 30 feet away from me. The victim had to be brought by me twice, ten minutes in between, and clearly had issues identifying me. I was brought to the police station.

I then spoke to a detective for almost 45 minutes at the police station very calmly and politely. I assured him over and over I was innocent and he left to speak to my friend whom I mentioned earlier (now at work) who ended up getting fired from her job due to the detective showing up. After a long questioning I told the detective "I was cooperative with you and you said I could leave so I'm leaving now" and he told me forcefully to sit down or he would make me sit down. I then proceeded to leave and he physically blocked the exit of the room. It was clear the detective knew he had nothing on me and was confused as to what to do with me. I was then placed under arrest.

alright sorry for the great wall of text. I figured more details would make for more accurate responses.

What do you think? Was probable cause found? And my big question: Can I still sue the state that put me through this experience although I waived my preliminary trial?

Really Appreciate the help guys,

Sebastian


Asked on 10/18/09, 4:17 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

As to the issue of probable cause for the arrest, it would seem further clarification might be needed as to the issue of the bandanna which you apparently were wearing at the time and why it was so affixed on your face that you had to pull it down (by your own account) in order to make eye contact with the cops.

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Answered on 10/26/09, 10:03 am


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