Right of Due process and malious proscecution

[Lady2]

What is the name of your state? Michigan

March 2005 at casino in Mt. Pleasant, I was escorted to security office and questioned by police for picking up a lunch bag off a chair I was about to sit in, and taking the contents out, ie $100.00 bill and owners ID. They recovered the items from my purse and returned them to the owner who was there. the officer said that he was not going to arrest me and I had to leave. If I came back then I would be arrested for trespassing. He also said he was going to turn the report over to the Proscecutor and if they was going to persue it, they would contact me. They never did. March 2006 I was arrested at the airport while getting security clearance for my job. I was told that there was a warrant for my arrest from April 2005 for felony larceny. The police took me to the airport police station and locked me up waiting for Mt Pleasant Police to pick me up. A three hour drive. My bail was $8,000.00 which was posted (800.00). I was told to call the court and set up a date for arrainment. I feel that the bail was excessive since they knew where I lived and could have sent a summons instead of issuing a warrant. The felony charge has been reduced to a misdemeanor because it was theft of 100.00 or less. I feel the officer used the arrest warrant simply to prove a point or put pressure on me, and made the charge a felony just to get an arrest warrant. This is my first offense.What is the name of your state?

 

[CdwJava]

I feel that the bail was excessive since they knew where I lived and could have sent a summons instead of issuing a warrant.

Hire an attorney and see how far your feeling gets you.

In general due diligence must be demonstrated when a warrant is issued, but in practice the police do not go out and hunt down every petty criminal in the world ... there are not all that many of us and there a a LOT of warrants.

The felony charge has been reduced to a misdemeanor because it was theft of 100.00 or less.

Lucky you.

I feel the officer used the arrest warrant simply to prove a point or put pressure on me, and made the charge a felony just to get an arrest warrant.

The officer does not assign the charge on the warrant - the DA does. The judge may have wanted it to be anything - he may not have even desired charges be pursued ... but, the final say is NOT his in any case. Apparently a judge and a DA decided that the offense fit the criteria for a felony in your state.

- Carl