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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-15-2009, 10:41 AM
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false arrest

What is the name of your state (only U.S. law)? Arkansas

My brother was recently arrested on 3 warrents. ALl of which were bogus and he had to spend the night. My Question is do we have any grounds to sue for false imprisonment and arrest and get our bond money back. The bondsman said he never had to deal with a case like this and asked his supervisor and they said no he doesn't get his bond money back. Who should pay this back? The court that issued the warrants? I am really upset with this police dept. They have been hounding him for 15 yrs. I want it to stop. Any thoughts?What is the name of your state (only U.S. law)?
  #2  
Old 04-15-2009, 10:46 AM
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Quote:
Originally Posted by CONCERNED BRO. View Post
What is the name of your state (only U.S. law)? Arkansas

My brother was recently arrested on 3 warrents. ALl of which were bogus and he had to spend the night. My Question is do we have any grounds to sue for false imprisonment and arrest and get our bond money back. The bondsman said he never had to deal with a case like this and asked his supervisor and they said no he doesn't get his bond money back. Who should pay this back? The court that issued the warrants? I am really upset with this police dept. They have been hounding him for 15 yrs. I want it to stop. Any thoughts?What is the name of your state (only U.S. law)?
If the warrants were issued by the courts, then they weren't bogus. The police had the right (and obligation) to arrest him.
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  #3  
Old 04-15-2009, 10:57 AM
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Also, if the warrants were issued and then cancelled, the police are not going to be liable for anything if they were not aware of the cancellation.
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Old 04-15-2009, 11:12 AM
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Warrant cases are very difficult, even when the facts are egregious. Why do you say the warrants are "bogus"?
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  #5  
Old 04-15-2009, 11:13 AM
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False arrest

He had been paying his fines they were deducted from his paycheck, the circuit clerk just wasn't recording the payments hence the bogus warrents
  #6  
Old 04-15-2009, 11:15 AM
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Originally Posted by CONCERNED BRO. View Post
He had been paying his fines they were deducted from his paycheck, the circuit clerk just wasn't recording the payments hence the bogus warrents
The police did nothing wrong...
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  #7  
Old 04-15-2009, 11:20 AM
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Circuit clerk

Would the courts be liable then?
  #8  
Old 04-15-2009, 11:21 AM
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Quote:
Originally Posted by CONCERNED BRO. View Post
He had been paying his fines they were deducted from his paycheck, the circuit clerk just wasn't recording the payments hence the bogus warrents

So, the police did nothing illegal or fraudulent. A warrant was issued due to the clerk's mistakes. The police acted on that warrant.

Your beef isn't with the police. Frankly, you don't have ANY legal standing at all, even if there was some sort of compensation due.
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Old 04-15-2009, 11:27 AM
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In reality , he should have proved to the court his payments , then the Court/Judge could have ordered his release.

Hence no bail needed .
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  #10  
Old 04-15-2009, 11:36 AM
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Police

He tried to tell the police he had the proof before while they were arresting him and they wouldn't listen to him....sad freaking world we live in guilty until proven innocent
  #11  
Old 04-15-2009, 11:51 AM
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Originally Posted by CONCERNED BRO. View Post
He tried to tell the police he had the proof before while they were arresting him and they wouldn't listen to him....sad freaking world we live in guilty until proven innocent
Fact: As you have been told , it wasn't up to the police to make a decision .

There were warrants and the police did the duties , and carried it out .
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  #12  
Old 04-15-2009, 12:13 PM
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The elements for malicious prosecution in Arkansas are:

(1) A criminal prosecution instituted or continued by Defendant against Plaintiff
(2) Termination of the proceedings in favor of the accused
(3) Absence of probable cause for the proceeding
(4) Malice
(5) Damages

So, you may actually have a case against the clerk if you can prove malice.

What are the damages?
  #13  
Old 04-15-2009, 02:44 PM
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Quote:
Originally Posted by CONCERNED BRO. View Post
He tried to tell the police he had the proof before while they were arresting him and they wouldn't listen to him....sad freaking world we live in guilty until proven innocent
The police coul dnot have acted on that. A warrant is an ORDER by a judge to arrest the person. An officer that fails to carry that out could be subject to criminal penalties. And, frankly, the officer in the field is in no position to verify payments or not, and also has no idea whether the payments were the reason for the issuance of the warrant. Your brother's issue is with the court and the clerk that may have fouled up. He should speak to his attorney and find out if there is any practical recourse. There may be details in this matter that you are not aware of ... often times there are parts of a tale not told.

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  #14  
Old 04-15-2009, 03:57 PM
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Quote:
Originally Posted by CONCERNED BRO. View Post
He tried to tell the police he had the proof before while they were arresting him and they wouldn't listen to him....sad freaking world we live in guilty until proven innocent
My guess is he was guilty, hence the fines! Innocent people don't pay fines.
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  #15  
Old 04-15-2009, 05:12 PM
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Quote:
Originally Posted by CONCERNED BRO. View Post
He had been paying his fines they were deducted from his paycheck, the circuit clerk just wasn't recording the payments hence the bogus warrents
You may have a case against the clerk. But the police was just doing their job.

Your beef should be with the clerk.
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