Unlawfull Arrest

[mjmlegal]

What is the name of your state (only U.S. law)?
Helena, Montana

I was arrested on a Friday, which means I had to sit all weekend for charges that I was not guilty of. Before the case went to trial my public defender motioned to dismiss the charges based on the fact that the police did not have probable cause to arrest me. The Judge did dismiss the charges. Can I file a Civil Rights complaint?

 

[tranquility]

Not yet. First, you must make a claim. (Which will be denied and THEN you can sue.)

But, you can't sue. You need an attorney. Search ones out immediately as there are strict rules on when one can make a claim. Don't pay for the attorney up front. If they won't do it on contingency (they get a portion of the settlement), you don't have a case.

 

[mjmlegal]

Where do I make the claim?

Where do i make the Civil Rights Violation Claim?

 

[tranquility]

It would depend on the agency.

That's one reason why you need an attorney. Not because you are legally prohibited from prosecuting a suit, but because you don't know all the complex rules and issues within such a suit. Make a mistake on any of a number of items and the suit disappears. (Assuming you had the right facts in the first place.)

Because of 42 U.S.C. 1988, if the suit disappears, you could be liable for the attorney costs it took for the agency to defend the suit.

Look for an attorney. You cannot do this on your own.

 

[HomeGuru]

What is the name of your state (only U.S. law)?
Helena, Montana

I was arrested on a Friday, which means I had to sit all weekend for charges that I was not guilty of. Before the case went to trial my public defender motioned to dismiss the charges based on the fact that the police did not have probable cause to arrest me. The Judge did dismiss the charges. Can I file a Civil Rights complaint?

**A: have you ever been arrested before and do you have a record?

 

[tranquility]

What possible difference would that make?

 

[CdwJava]

It is not required that you be guilty, only that the police have probable cause to make the arrest.

Did the judge dismiss the case stating that there was, ion fact, no probable cause to support the arrest? Or, was it dropped by the DA? Or, was it dismissed for some other reason?

Because it was dismissed does not mean that the arrest was unlawful. This is another reason why you will need to consult an attorney as he or she can evaluate the facts and determine if there was, indeed, some malfeasance that can be acted upon, or if it was simply the system functioning as it should.

 

[mjmlegal]

Thank you everyone for your help!

 

[tranquility]

Carl, aren't the relevant questions answered in the OP's post?

While there are some things missing and the wording is not correct, I'm thinking the OP has things resolved in his favor. The first step.

Because the prosecution gets to speak first at the hearing to read charges, I'm also thinking that the DA entered a charge BEFORE the defense attorney moved for dismissal based on lack of probable cause.

I bet the judge determined there was not probable cause to arrest the OP. Heck, the hearing was less than a week from the arrest.

We don't know if the police had arguable probable cause, but I suspect the court determined they didn't have probable cause.

 

[CdwJava]

But, like it is out here at a preliminary hearing, we might have sufficient probable cause to make an arrest but the court sees insufficient probable cause to support the charge proceeding to trial. Dropping the charge does not automatically mean that there was no probable cause to make the arrest. That would require a separate review.

If it automatically followed that every case dropped at a prelim was an unlawful arrest and unconstitutional, then we'd have a lot of bankrupt agencies out here.

Plus, while the OP might believe the matter was dropped as a result of the defense motion, but, was it? I have heard a great many people tell me very similar things only to come to discover that the prosecution simply chose not to pursue the matter.

Hence, he needs to have an attorney look at the whole picture and determine what action might be taken ... if any.