Arraignment? Showed up but i wasnt on the docket?

[la_wakeboarder]

What is the name of your state? California

Alittle over 2 years ago I was arrested, at work, for Identity theft. And no i didnt do it. My home was raided and they found nothing. However they did remove property from from my home. My wife did ask them for an inventory list, which they told her when they got around to it they would send it to here. Even during my questioning I asked for the list of property taken and the detective just brushed it off. I was bailed out a few hours later with the understanding that i have to show up to court for arraignment (it was roughly 32 days after the arrest) I did show to court the day i was told at 9 am just to find out my name was not on any dockets nor did anyone even heard of me. My father went to the DA's office and found that the police department never filed any paperwork....and for the past 2 years ive been getting the run around by the police dept. Any Ideas? Help!!!

[CdwJava]

What is it you want to do? Chances are that any opportunity for a lawsuit expired a year ago or more.

If you haven't been charged, be thankful. if you want your property back you may be forced to get an attorney ... they SHOULD have provided an inventory to you of the items seized. And if they seized the items pursuant to a search warrant, they were likely required to do so.

- Carl

[la_wakeboarder]

Thanks Carl for the response. Ive talked to a few lawyers around my area, right after i was arrested and just recently and they all tell me the same thing. we need a 5000.00 retainer yadda yadda yadda. There have been a few surprises though...at the end of the first year..we had a hard time getting in contact with the detective, would never return calls never in the building. so finally i got fed up and talk to the watch commander. According to the WC the detective had "transferred" back into patrol. ha ha...by the way...this was my first time being arrested..have no record no brushes with the law...im basically being used as a scapegoat by a "friend". so for the first year was alittle nervous about making waves....but now i fed up with the bs im getting...what do you think?
Art

[CdwJava]

I'm still trying to understand what you want to accomplish. At this point it seems obvious that there is no case pending. You can call the D.A.'s office and inquire with them, but it sounds like you can breathe easy and that nothing is likely pending.

- Carl

[la_wakeboarder]

my apologies. i got a little over excited about being able to talk about it. ultimately i would like my property back (consisted of computers cash and guns), an apology from this particular police dept and the knowledge and maybe a guarentee that this incident wont turn around and bite me in the rearend. but i would settle for getting my property back...
i noticed that you are a sergeant..have a small procedural question about incident reports...question is: when someone is arrested how soon does the incident (police) report have to be done? the reason im asking is i did finally manage to get a copy of the police report and the date of the original report was 5 days after i was arrested alson the report was edited another 4 days after that...is this right? seems kinda fishy

Art

[CdwJava]

Originally Posted by la_wakeboarder

my apologies. i got a little over excited about being able to talk about it. ultimately i would like my property back (consisted of computers cash and guns), an apology from this particular police dept and the knowledge and maybe a guarentee that this incident wont turn around and bite me in the rearend. but i would settle for getting my property back...
i noticed that you are a sergeant..have a small procedural question about incident reports...question is: when someone is arrested how soon does the incident (police) report have to be done? the reason im asking is i did finally manage to get a copy of the police report and the date of the original report was 5 days after i was arrested alson the report was edited another 4 days after that...is this right? seems kinda fishy

Art

When the report needs to be done is a matter of policy and procedure and not so much a matter of law. However, the DA would need the report - or something - by the time of arraignment or the suspect might be released.

The report would have to be completed by the time charges are filed for certain as that woul dbe the instrument a DA would use to make that decision. A report written 5 days after the arrest is unsual but not illegal. And editing it after that is also not that bad - especially if it had been edited for corrections and not signficant content revisions. It might not be uncommon for a report to be edited several times before charges are filed.

As for the property, you are likely going to have to get an attorney. But, you might call the DA's office and ask them to sign a release for your proeperty saying that no charges are pending and asking the police to let the stuff go. And the property they have SHOULD be in the report ... hopefully.

- Carl

[la_wakeboarder]

Thanks...youve been very helpful

Art