False arrest, can something be done?

[usaction]

What is the name of your state? California.

Last night, I got a message from my cousin. She got arrested for a failure to appear for a court date that she DID appear to. However, the court did not update its info, so it read that she had not appeared for a court date. This was in regards to some traffic tickets.

Currently. her car is in impound and she has no way to get it out at this point. As a result of this, she got let go from her job; she had been staying with friends, as she was trying to get back on her feet, so she has no money to get her car back, nor can she catch a bus.

Obviously, someone who handles paperwork somewhere didn't do their job properly, and as a result, an innocent person has been knocked flat out. Is there any sort of legal action she can take, and if so, against who? How can she go about this, especially considering she does not have a way to hire a lawyer?

 

[calatty]

If she can't pay for a lawyer, she can get a public defender. She should go to her county's public defender's office. It would be very unusual for a court to issue an arrest warrant for failure to appear if she did appear. Did she also ask you for some money?

 

[fairisfair]

really, no offense, usaction, but how do you know she went to court??

 

[CdwJava]

Last night, I got a message from my cousin. She got arrested for a failure to appear for a court date that she DID appear to. However, the court did not update its info, so it read that she had not appeared for a court date. This was in regards to some traffic tickets.

How do you know she appeared? And how do you know that was what the warrant as for? It could also have been as a resul of not completing probation for the offense, or, for not appearing at a subsequent hearing date.

Obviously, someone who handles paperwork somewhere didn't do their job properly, and as a result, an innocent person has been knocked flat out. Is there any sort of legal action she can take, and if so, against who? How can she go about this, especially considering she does not have a way to hire a lawyer?

She'll need to consult an attorney. If this resulted as the irresponsible actions of the court, chances are she can receive some form of compensation for the inconvenience. She can probably schedule some free consultations with attorneys who can tell her whether she has a case or not.

If the warrant was properly issued, then she has no case.

And when is her court date on the matter from the warrant? She could bring the issue up then. And, if she cannot afford an attorney, she can have one appointed for her.

Could she be giving you a sob story to gain sympathy, money, a place to stay, or a car?

- Carl

 

[garrula lingua]

Well, she can (& could have) done community service to pay for those tickets...

Any time you have a criminal case (even if only tickets) you are at risk; the best thing is to clear them up ASAP.

I think the court clerks are allowed to make an error, even when it causes extreme consequences. In their world, it was corrected & she was released (she should also get credit for the time in jail applied against her traffic ticket fines).

She can get a consultation with a lawyer; I doubt if she'd get much/any compensation.

I would also agree, you don't know if she appeared, or if she has a separate case. She may have muddled the whole thing up and missed a court appearance.
--She must have done something wrong, again, for the cops to have stopped her and run her for warrants.
Was she driving on a suspended license ? It may be DMV's error, or it may be that she didn't pay the $55 (approx) re-issue fee to DMV after her driving privilege was restored.