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Can I sue for wrongful arrest, libel, Malicious prosecution,Punitive damages

Shreveport, LA |

My step-grandfather wrote me a hot check that I cash at a local comer store When the check came back NSF the owner called me and told me I then went and paid the money back When I got to the store the owner asked if I knew how to get a hold of my step-grandfather cause he had wrote several other hot checks I was then asked to come to the substation for questioning about him. the deputies asked if I knew where he was or how to get a hold of him and keep asking the same questions over and over I told them repeatedly I didn't know I asked if i could go smoke he told me no he was almost done and was waiting on my background as he was letting me go another deputy came in and said don't let her leave she is under arrest for forgery 1.5 yr later my case was dismissed no evidence and they lied on report

The store owner told the deputies that I didnt write the checks I have the intrview DVD and I admit I was a bit of a smart A when they keep asking the same questions and calling me a lier and saying I was in finacial trouble the next day people were come up to me and asking me if I wrote the checks the only way they could have found out was the deputies running there mouth I was being called a thief and other names

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Attorney answers 3

Posted

Dear Shreveport - it sounds like you were not under arrest - merely detained for questioning. Also, for defamation, you must show that someone told a third party something false about you that damages you. Be aware that if you pursue the police, they are likely to come after you - good luck.

Asker

Posted

I was booked and charged with forgey and fenoly theft and was bonded out of parsh jail

Mark Steven Paullin

Mark Steven Paullin

Posted

I suggest that you contact a criminal lawyer in your area so that you can tell him/her all of the facts and get advice on how to plan your defense. Good luck.

Asker

Posted

I hired a crimal lawyer and my case was dismissed by the judge last week due to no evidence. It took a year and a half of going back and forth to court and me refusing pleabargans from the DA

Mark Steven Paullin

Mark Steven Paullin

Posted

well done! I know that all of that was painful. Perhaps your criminal lawyer knows of someone who can assist you? You may have to agree to a larger than normal percentage for the lawyer and the defendant may have no $$ to pay you if you win.

Posted

Mr. Pullin is correct in his observations and suggestions, "let sleeping dogs lay".

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

Posted

I would not take this case, and do not know any attorneys that would. By your own admission, you were a bit of a smart-a** to the police, and it's all recorded on a DVD. Regardless of whether this case was tried to a judge or jury, my concern would be that judge or jury would be more sympathetic to the police than to you. As another of my colleagues has already advised, I think you would do well to let sleeping dogs lie.

David Cook is a Mediator licensed to practice law in the State of Louisiana. This response is not intended to be legal advice and does not create an attorney/client relationship. The response is intended to provide general information about the question presented; but since the question often fails to include significant and important facts that, if known, might significantly change the response, it is strongly recommended that the questioner promptly confer with an attorney in his or her own state in order to ensure that appropriate legal advice is timely received. DAVID S. COOK A PROFESSIONAL LAW CORPORATION POST OFFICE BOX 53394 LAFAYETTE, LOUISIANA 70505-3394 TELEPHONE: (337) 234-4155 CELL: (337) 288-6743 FAX: (337) 234-2937 EMAIL: davidscook@bellsouth.net

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