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False Arrest?

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Perryjim87

Guest
What is the name of your state?What is the name of your state? Alaska

Three years ago I recieved a citation for minor consumption of alcohol. I met with a probation officer and she told me that if i went through a drug and alcohol class with Volunteers of America that my charges would be droped and my record cleared. I follwed all her directions and continued to live my life as normal. Recently while on a fishing trip my friend was pulled over for speeding and the state trooper asked for all of our IDs, when he returned he asked me to exit the vehicle because there was a warrant out for my arrest on the charge that i failed to appear in court for the mic. I was held in custody for 4 hours with out my parents knowledge. I was held in a detention center for 3 hours before my parents were able to bail me out. I was held in a cell with out a bed so I had to sleep on a concrete floor and i have had a hyper tension ever since and my neck is very painfull. Some where the system has had an error and I want to know if i can sue for punitive damages?
 


CdwJava

Senior Member
Probably not. But a lawyer in AK can tell you for sure.

Unless what happened to you was somehow outside policy or state law, I don't see how what ground you could have for a lawsuit ... though it would be your parents who would have to sue if you are under 18.

Sleeping on the floor and being held for a total of 7 hours would not likely be grounds for a suit. Though the concept of bail for a minor seems odd - we don't do that here.

The ONLY claim you might have that I see is against the people who failed to clear your record when you completed your program. If, indeed, you completed the program and turned in all the documentation and jumped through all the hoops you were supposed to.

Typically, people in your situation discover there was something they failed to do ... restitution, fine, checking in with a probation officer - something. And that failure landed them back in trouble.

Oh, and since you were arrested on a warrant it sure as heck would NOT be "false arrest". The arrest was valid and lawful on its face as the officer had good reason to believe you had a warrant. If the warrant was improperly entered, then that is an issue with the issuing agency and NOT the arresting agency or officer(s).

Carl
 

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