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Dropped Charges by DA. Who do I file a lawysuit against? The Police or City or Apartment complex? The DA dropped both charges.

Jackson, MS |

Arrested for remaining while banned with resisting an arrest. My wife did obtain a temporary protective order against me. She changed the keys to the house so I was forced to stay at a friends thinking the rent wasn't paid and landlord locked us out. I went to the office the next day and was told my wife changed the key. I knocked and she called the cops and cops asked me to leave that I would be served tpo papers soon. 2days later she called and started crying and apologizing and told me she had dismissed the tpo and I should come back home. I refused till I went to the court and received the tpo dismissal order. I went back home the next day, the apartment called the cops that I was banned and I got arrested.

The DA asked for a letter from the apartment saying I was banned or otherwise a letter saying that I wasn't banned. They provided a letter saying that I wasn't banned and the DA was forced to dropped all charges. The disposition was entered as Nolle pros. The apartment were apologizing to my wife who argued with them on interfering in our marriage.

Attorney Answers 5

Posted

I agree with the other attorneys. On a personal note, maybe you and your wife should try a new life change such as move to a different appartment if possible. Sometimes a change like that can relieve some stress and maybe take away some of the tension between your family. Sometimes you get luck and make some nice new neighbors and new restaurants in the new area will give you and your wife some new things to spend time together. Anyway, I don't have any other legal advise to offer, but I hope you and your wife get back to the basic and can put all this behind you. I think you time would be better spent in other ways besides more stress of a civil action.
Best Wishes

Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com

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Posted

Unfortunately nothing you posted indicates you have grounds to sue anyone.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

The DA asked for a letter from the apartment saying I was banned or otherwise a letter saying that I wasn't banned. They provided a letter saying that I wasn't banned and the DA was forced to dropped all charges. The disposition was entered as Nolle pros. The apartment were apologizing to my wife who argued with them on interfering in our marriage.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

You caught a break. Congratulations. If they had provided a letter that you were banned......DA might have taken you to trial.

Posted

It sounds like an unfortunate situation, but I don't see a basis to due anyone.

Andrew M. Bonderud, Esq. is an attorney The Bonderud Law Firm, P.A. He offers free consultations 24/7. You can reach him at 904-438-8082. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

The DA asked for a letter from the apartment saying I was banned or otherwise a letter saying that I wasn't banned. They provided a letter saying that I wasn't banned and the DA was forced to dropped all charges. The disposition was entered as Nolle pros. The apartment were apologizing to my wife who argued with them on interfering in our marriage.

Posted

Not every dismissal or rejected case forms the basis for a civil suit.

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Posted

The DA asked for a letter from the apartment saying I was banned or otherwise a letter saying that I wasn't banned. They provided a letter saying that I wasn't banned and the DA was forced to dropped all charges. The disposition was entered as Nolle pros. The apartment were apologizing to my wife who argued with them on interfering in our marriage.

Anthony Michael Solis

Anthony Michael Solis

Posted

Despite what everyone here, inlcuding me, you should consult with a local attorney in your area to review your claims and determine the course forward. Good luck.

Posted

It sounds like the apartment may have you listed as a trespasser. You need to stay away until your lawyer is able to talk to the complex and the courts to ensure you are legally entitled to return.

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Posted

The DA asked for a letter from the apartment saying I was banned or otherwise a letter saying that I wasn't banned. They provided a letter saying that I wasn't banned and the DA was forced to dropped all charges. The disposition was entered as Nolle pros. The apartment were apologizing to my wife who argued with them on interfering in our marriage.

Asker

Posted

The DA asked for a letter from the apartment saying I was banned or otherwise a letter saying that I wasn't banned. They provided a letter saying that I wasn't banned and the DA was forced to dropped all charges. The disposition was entered as Nolle pros. The apartment were apologizing to my wife who argued with them on interfering in our marriage.

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