I get arrested on friday for a warrant that was rightfully mine. On tuesday I go to court and the judge sets bail for 250$. Wed Dec 24th I get bailed out. They tell my girlfriend I hve nother warrant and I have to be held until I get to court. I was held for 5 more days,Dec 24th-28. I go to court on monday the 28th and they tell me The warrant was for another person with my name, from 2004. (I was 14). nd they are sorry. Can I sue for lost wages for that 4 days for being held on something that had nothing to do with me?If so who would I sue.
Before you can sue any governmental agency you must file a claim for the damages sought in a timely fashion. Contact an attorney about filing that claim. Good luck.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
My colleague is correct procedurally - you may have a claim for significantly more than just lost wages, as even a dunderhead officer should be able to look at dates of birth (assuming there is a significant differences in ages). Seek a Civil Rights attorney for a consultation.
Yes you can sue but it's hardly worth the effort. You'll either have to pay a lawyer more than your 4 days are worth to handle this or find a lawyer who will take such a small case on a contingency basis.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline