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One more win in my books!!

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One more win in my books!!

Postby grndslm » Mon Feb 20, 2017 9:52 pm

Not sure if you guys and gals remember, but I was wrongfully arrested after receiving notice that I had a warrant out for my arrest for failure to appear. I notified everyone that my court date was scheduled for late 2017, and even after they verified it with the clerk... they still arrested me and forced me to sign an OR bond if I wanted to get out.

Long story short, the judge wouldn't listen to me at arraignment whatsoever and threatened me with contempt of court if I "agitated" the court with my questions. So I had to return another time, where I brought a duffel bag size worth of several legal dictionaries. And I was the second name called upon, immediately informed that my case was dismissed because the officer that wrote me the ticket decided he didn't want to work with the department anymore!!

Now I just need to find out how to sue someone for that false arrest...
A lawyer cannot claim that you have rights. -- U.S. v. Johnson, 76 F. Supp. 538

"When Tyranny becomes Law, Rebellion becomes Duty." -- Someone from the Confederacy, circa 1860

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Re: One more win in my books!!

Postby country_hick » Mon Feb 20, 2017 10:09 pm

State v. Robinson, 72 A. 2d 260 - Me: Supreme Judicial Court 1950; An illegal arrest is an assault and battery.

The case goes on to say you can defend yourself. However, assault and battery is a crime. Press charges.
There is a reason that LEO has a new meaning: Legally Entitled to Oppress. Thanks to Bob Livingston for this one.

Williams v. United States, 341 US 97 - Supreme Court 1951
It is the right of the accused to be tried by a legally constituted court, not by a kangaroo court.

Penhallow v. Doane's Administrators, 3 US 54 - Supreme Court 1795
Judges may die, and courts be at an end; but justice still lives, and, though she may sleep for a while, will eventually awake, and must be satisfied

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Re: One more win in my books!!

Postby BOBT12 » Tue Feb 21, 2017 12:37 pm

grndslm wrote:Not sure if you guys and gals remember, but I was wrongfully arrested after receiving notice that I had a warrant out for my arrest for failure to appear. I notified everyone that my court date was scheduled for late 2017, and even after they verified it with the clerk... they still arrested me and forced me to sign an OR bond if I wanted to get out.

Long story short, the judge wouldn't listen to me at arraignment whatsoever and threatened me with contempt of court if I "agitated" the court with my questions. So I had to return another time, where I brought a duffel bag size worth of several legal dictionaries. And I was the second name called upon, immediately informed that my case was dismissed because the officer that wrote me the ticket decided he didn't want to work with the department anymore!!

Now I just need to find out how to sue someone for that false arrest...
Congratulations for your win! This is how the more difficult cases usually end: Case Dismissed.

When it comes to wrongful arrest, there are a few ways to think about the issue:

1. A Criminal Complaint: you can bring your case to the district attorney office.

2. You can try to get your case before a Grand Jury. This will take a lot of work (check the Rule of Criminal Procedure in your jurisdiction), because in many cases, there will be a push to funnel you to #1.

3. A Civil Complaint: Just file a complaint against those that you allege have wrongfully arrested you.

Example -

IN THE THIRTIETH JUDICIAL CIRCUIT COURT
IN AND FOR SUNSHINE COUNTY, FLORIDA
CIVIL DIVISION

File No 99-123

INJURED PARTY (you)
Plaintiff

v.

WILLFUL WRONGDOER,
Defendant.

Wrongful arrest person (s)

COMPLAINT

PLAINTIFF Injured Party sues Willful Wrongdoer and states:

JURISDICTIONAL ALLEGATIONS

1.
2.
So on.

GENERAL FACTUAL ALLEGATIONS

3.
4.

COUNT ONE: WILLFUL ARREST
5.
6.

WHEREFORE plaintiff prays for an Order awarding money damages against defendant Wrongdoer.

etc.

Injured Party


Please check the Rule of Civil Procedure for your jurisdiction for more information. You can find some of this online. However, you should go to a good law library for final information before you file. The librarians will often be quite helpful, if you look like you already know what you are generally doing. Otherwise, they will tell you they can't give any legal advice.

Nonetheless, the fact that you were "wrongfully arrested after receiving notice that I had a warrant out for my arrest for failure to appear" (emphasis added), could put your position at risk. If a hearing was scheduled, or any formal process, and you didn't respond, this sets you up for a default. Once you have a default you are swimming up stream. One must show up at hearings and state your case, or at least respond to any court notices, or risk default, with obviously negative consequences.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual."-- Thomas Jefferson

”The principles contained in the Declaration of Independence are saving principles. Stand by those principles; be true to them on all occasions, in all places, against all foes, and at whatever cost.” –Frederick Douglass.

"The great object is that every man be armed. Everyone who is able may have a gun."- Patrick Henry

"Rebellion to tyrants is obedience to God."- William Penn;Thomas Jefferson's personal seal, attributed to the judges who executed King Charles I for crimes against the people.

inforwars.com

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Re: One more win in my books!!

Postby grndslm » Wed Feb 22, 2017 8:27 pm

BOBT12 wrote:Congratulations for your win! This is how the more difficult cases usually end: Case Dismissed.

When it comes to wrongful arrest, there are a few ways to think about the issue:

1. A Criminal Complaint: you can bring your case to the district attorney office.

2. You can try to get your case before a Grand Jury. This will take a lot of work (check the Rule of Criminal Procedure in your jurisdiction), because in many cases, there will be a push to funnel you to #1.

3. A Civil Complaint: Just file a complaint against those that you allege have wrongfully arrested you.

Excellent. That's just the answer I was looking for and it makes plenty of sense after seeing the options. Thank you!


BOBT12 wrote:Nonetheless, the fact that you were "wrongfully arrested after receiving notice that I had a warrant out for my arrest for failure to appear" (emphasis added), could put your position at risk. If a hearing was scheduled, or any formal process, and you didn't respond, this sets you up for a default. Once you have a default you are swimming up stream. One must show up at hearings and state your case, or at least respond to any court notices, or risk default, with obviously negative consequences.
Perhaps I should have said "wrongfully arrested after receiving wrongful notice"?? Like I said, the initial date was scheduled for late 2017, which hasn't even arrived yet... therefore, I never could have missed it. The clerk and cops were aware of that, yet they still chose to arrest me, where I was more or less forced to sign an OR bond, agreeing to move the initial court date up 8 or 9 months to the "present".

Long story short, I think I'll speak with the district attorney and go from there.
A lawyer cannot claim that you have rights. -- U.S. v. Johnson, 76 F. Supp. 538

"When Tyranny becomes Law, Rebellion becomes Duty." -- Someone from the Confederacy, circa 1860

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Re: One more win in my books!!

Postby EZrhythm » Sun Feb 26, 2017 3:19 am

CONGRATULATIONS!!!!

*** FIREWORKS - FANFARE - PARADE ***

and CARTWHEELS DOWN THE HALL!!!

Clue- Any facts/evidence, etc. concluded/entered in a civil suit, even small claims can be used as evidence in a criminal complaint. ;-)
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