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Civil Attorney's: Do we have a case involving 2 WRONGFUL ARRESTS WITHIN 1 YEAR that were DISMISSED and BOGUS?

Asked over 2 years ago - Downey, CA

11.03.09: My 29 yr.old son was arrested involving a Helicopter and RAID at my home in 3/08 that was DISMISSED and clearly NOT him! He was arrested a SECOND TIME in 10/08 in which he served 30 days at Pitches,time at MCJ, then on Electric Monitor Device for the remainder 11 MONTHS UNTIL THIS BOGUS CASE WAS DISMISSED 10.09! He was ROBBED himself from his life,involvment in his children's growth, not having a job to support the "House Arrest" and no Job History in order to find a job, reimbursment for the Monitor System for 11 MONTHS!?
These were 2 BOGUS arrests within 1 YEAR by same Sheriff Dept.! He feels he cannot live his life presently and HAVE to move in order to escape being "harassed" by this Dept.
He DOES NOT have a legal or personal history of "Burglary' nor " Robbery"!

Additional information
Mr. Dinday, NO, "I don't know WHY the Sheffif's Dept. has it in for him". I don't know what you mean by this question..? Thank you anyway for your help.
There is no crime in our community, so these Deputies think they know it all and everyone by name!! Since the first case was dismissed, well they don't want to admit that they were wrong, so they try to arrest him again! He has no history of Burglary nor Robbery!

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Attorney answers (3)

Joseph Briscoe Dane

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in Orange, CA.

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I don't practice civil law, but can give you a bit of guidance on these issues. If you're serious about pursuing a claim against the Sheriff's Department, you'll need to find an attorney that deals with police misconduct and is familiar with the procedure to file suit against the department.

From what you wrote though, there may not be a case here.

It appears that he was arrested the first time, but released relatively quickly after they determined it wasn't him that was involved. His "damages" from that incident would be minimal, if any.

In the second incident, it sounds like the DA filed charges against him, correct? An arrest is proper if it is based on "probable cause." That means that at the time of the arrest if the police had enough evidence to strongly suggest his guilt, he could be arrested. The fact that the DA filed charges indicates to me they thought there was not only probable cause, but enough to file charges and go forward. The fact that it was dismissed later doesn't change the legality of the arrest. Cases get dismissed often for a variety of reasons and it's impossible to tell why your son's was dismissed.

As I said, if you really want to pursue this, you'll need to schedule an in-person consultation with an attorney that handles police misconduct or civil rights cases. They can then assess the case and offer legal advice. My answer does not constitute legal advice and no attorney-client relationship was formed between us. You are advised to talk to an attorney directly in order to protect your (and your son's) rights and preserve any claims that must be made in a timely fashion before you cannot file any cause of action.

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Frances Miller Campbell

Reputation Level 15

Answered over 2 years ago. Landlord / Tenant Lawyer in Van Nuys, CA.

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Your son may very well have a good case against the Sheriff's department. Two false arrests in one year, with a year detention, is very serious. You should be aware that for certain claims you need to file a government claim within six months. For civil rights cases, you need to file within two years.

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