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Can i be arrested and placed in jail for a crime i didnt commit, if their were eyewitnesses that say they saw me at the crime

i was arrested for grand theft auto, because the passenger and 2 witnesses claim i was the driver. I was placed in jail on a saturday and had court that upcoming wednesday. I was released 2 days before my court day. Is there anything I can do about being held in county jail for 3 days for a crime that i did not even commit, and was released because i had no involvement with the crime that was in question?

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Attorney answers (4)

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Reputation Level 20
The legal standard to arrest someone is by "probable cause." What that means is that the police must have enough information to convince an ordinary person, based on the information at the time, to have an honest belief of your guilt. It's not proof beyond a reasonable doubt like at trial.

If the police thought they had enough, they could arrest you. Either the DA didn't think there was sufficient evidence to file charges or they're still investigating. There may be other charges besides Grand Theft Auto that you could face. I would strongly suggest you not discuss this case with anyone.

Even truly innocent people get wrapped up in the system sometimes. Protect yourself and your rights. For more information, see the link below.

Reputation Level 13
Many people are arrested. Some are ultimately found guilty and some are not. It sounds like three people told the police that you were involved. This is evidence that you committed the crime. IT IS NOT PROOF, but it is evidence. Absent some hard evidence that you were not involved, that would probably be enough for any cop to arrest you. The police are not required to always be right.. They only need probable cause to believe that you committed a crime.

Reputation Level 14
You need to make sure you are out of the woods on this case before you do anything to stir the pot. Just because you were released does not mean the prosecutor will not decide to file charges later.

Eyewitness identifications are often inaccurate. And, yet, they are very powerful form of evidence with the jurors. You need a lawyer who is knowledgeable about eyewitness identification litigation if you are ultimately charged. You would be wise to hire a lawyer now, pay a small retainer so that the lawyer can notify the prosecutor and get copies of relevant documents. With eyewitness identification cases, early investigation is critical.

Let a lawyer look into the case before you take any steps to go after the victims who falsely identified you. You may do more harm than good at this point.

If the time comes when it is safe to consider seeking relief for the aggravation, and your lawyer can prove that the witnesses lied when they identified you, your lawyer can see if it makes sense to file a civil or criminal complaint against those witnesses for filing a false report. Take care of the more immediate concern first.

Reputation Level 16
You did not state whether the D.A. dropped all charges against you, never filed any charges and does not intent to, or are court charges still pending? If all charges ARE dropped or dismissed, you could clear up your arrest record with a factual innocence petition under Penal Code Section 851.8. That would result in the arrest record being sealed for three years and then physically destroyed. That would be worth doing to protect your reputation and job future.

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