What is the name of your state? SC
My car was repossessed and i had a loaded shotgun in the car. The repo man called the police and they confiscated the gun. The police then ran my tags and subsequently my criminal records. I had a CDV charge that was dismissed in 2005 on my records and they used that as the basis to obtain a warrant for my arrest for felony possession of a weapon. The law states that I have to be convicted in order to not be able to possess a weapon. Okay, The police officer said that because the CDV was on my record that was enough for an arrest. The warrant was obtained 5 days after the shotgun was confiscated. Even the chief of police said that he had enough time to find out the disposition of the charge. I spent the night in jail and got out on a $10,000 bond. For the past two weeks I've been dealing with a major and a lt that have been saying that the officer was within policy. I even called the State Law Enforcement Division and they said that I was well within my rights to possess the gun. Yesterday, I went to the police dept and provided them with a copy of the letter that i rec'd from the solicitor in 2005. Well, today I get a call from the Major today saying that the charge was being dismissed. Should I file a claim against the city for damages or should I just hire a lawyer to file a lawsuit. Or are a claim and a lawsuit one in the same?
My car was repossessed and i had a loaded shotgun in the car. The repo man called the police and they confiscated the gun. The police then ran my tags and subsequently my criminal records. I had a CDV charge that was dismissed in 2005 on my records and they used that as the basis to obtain a warrant for my arrest for felony possession of a weapon. The law states that I have to be convicted in order to not be able to possess a weapon. Okay, The police officer said that because the CDV was on my record that was enough for an arrest. The warrant was obtained 5 days after the shotgun was confiscated. Even the chief of police said that he had enough time to find out the disposition of the charge. I spent the night in jail and got out on a $10,000 bond. For the past two weeks I've been dealing with a major and a lt that have been saying that the officer was within policy. I even called the State Law Enforcement Division and they said that I was well within my rights to possess the gun. Yesterday, I went to the police dept and provided them with a copy of the letter that i rec'd from the solicitor in 2005. Well, today I get a call from the Major today saying that the charge was being dismissed. Should I file a claim against the city for damages or should I just hire a lawyer to file a lawsuit. Or are a claim and a lawsuit one in the same?
