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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 04-10-2006, 08:43 PM
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Join Date: Apr 2006
Posts: 3

falsly arrested


What is the name of your state? Illinois. 2 days before my court appearance I recieved a letter from the courthouse saying that the appearance date was incorrect on my ticket. The warrant was issued 5 days after the original court date. I was just recently stopped for a traffic violation and was arrested for the warrant and my car was towed. I was wanting to know if my letter from the courthouse makes the warrant not valid and if it was in fact not valid, then can I recieve a reimbursement for the towing fee for my car since it was towed under false pretences since I could have signed the traffic ticket and been free to go my way. Any and all help will be greatly appreciated.
  #2  
Old 04-10-2006, 08:46 PM
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Join Date: Nov 2005
Location: Alabama
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Quote:
Originally Posted by toneytone
What is the name of your state? Illinois. 2 days before my court appearance I recieved a letter from the courthouse saying that the appearance date was incorrect on my ticket. The warrant was issued 5 days after the original court date. I was just recently stopped for a traffic violation and was arrested for the warrant and my car was towed. I was wanting to know if my letter from the courthouse makes the warrant not valid and if it was in fact not valid, then can I recieve a reimbursement for the towing fee for my car since it was towed under false pretences since I could have signed the traffic ticket and been free to go my way. Any and all help will be greatly appreciated.
No reimbursement- it was a mistake not fraud...go before the judge on the new court date and show him your ticket and your letter and maybe he will not charge you the additional court fees.
  #3  
Old 04-10-2006, 09:02 PM
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Join Date: Apr 2006
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false arrest


Quote:
Originally Posted by weenor
No reimbursement- it was a mistake not fraud...go before the judge on the new court date and show him your ticket and your letter and maybe he will not charge you the additional court fees.
It is not a mistake if the courthouse entered a warrant into the nationwide database knowing that it was in fact not a valid warrant that they were putting out, then it does in fact make it fraud for impounding my car and making me pay a fee to get it out, since I was arrested on a warrant for somehting that I have not appeared in court yet for.
  #4  
Old 04-10-2006, 09:45 PM
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Join Date: Aug 2004
Location: Southern California
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Quote:
Originally Posted by toneytone
It is not a mistake if the courthouse entered a warrant into the nationwide database knowing that it was in fact not a valid warrant that they were putting out,
Why do you say they did it knowingly? It sounds more likely to be a clerical error than an intentional act of fraud.

Quote:
then it does in fact make it fraud for impounding my car and making me pay a fee to get it out, since I was arrested on a warrant for somehting that I have not appeared in court yet for.
What type of warrant was it? An arrest warrant that was put into motion by a DA or a bench warrant for a failure to appear? It makes a difference and may explain why they brought you in.
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