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Congratulations for your win! This is how the more difficult cases usually end: Case Dismissed.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...
IN THE THIRTIETH JUDICIAL CIRCUIT COURT
IN AND FOR SUNSHINE COUNTY, FLORIDA
File No 99-123
INJURED PARTY (you)
Wrongful arrest person (s)
PLAINTIFF Injured Party sues Willful Wrongdoer and states:
GENERAL FACTUAL ALLEGATIONS
COUNT ONE: WILLFUL ARREST
WHEREFORE plaintiff prays for an Order awarding money damages against defendant Wrongdoer.
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.
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".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.
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