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false imprisionment

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suhelms

Junior Member
What is the name of your state (only U.S. law)? Arizona
My daughter was arrested in Pinal county for a warrant out of Maricopa county and taken to Pinal county jail. They notified Maricopa that they had her. After 10 days, if the county with the charge dosen't come get the person, they are released. Her 10th day fell on the 17th. In the mean time I looked at the case docket and she was ORed on the 12th. (5 days). On the 17th Pinal county found an old warrant from that county and held her for court on that paternaty charge until the 25th. From the 17th till the 25th, I can understand. But what about the five days between the 12th and the 17th that she was held without cause? What can be done about restistution for that time?
 


FlyingRon

Senior Member
This is the problem of not responding to warrants.

It's not "false imprisonment" (that term is reserved to people who are NOT the police/corrections department).

It can take a while for orders to get from jurisdiction to jurisdiction. Maricopa is not a county to be screwing around with anyhow.
 

The Occultist

Senior Member
It was not without cause. You shared the cause in your post. And, as Ron has pointed out, which supports my knowledge of living in the area, Maricopa is indeed not the county to be messing with, and anything you wish to pursue in this regard will absolutely required the aid of an experienced attorney that is willing to accept your case withOUT an outrageous upfront retainer.
 

suhelms

Junior Member
I'm finding out more and more that what you say is very true. The first warrant was based on false information from the probation department. Information for which we had proof and documentation, but that didn't matter. Even though we had proof that she didn't violate any rule they set down, they still violated her and issued a warrant for her arrest. It seems your at the mercy of the courts even when your innocent.
 

suhelms

Junior Member
One more question, please. She was ORed on the 12th for the Maricopa warrant. She's now being held for this child support warrant with a $500 bond. She can be released when the lab decides to show up and take her DNA. Isn't it $50 off the bond for every day she sits in jail? If I went down and paid the money, which I don't have, she could walk out. Since they didn't discover the warrant until the 17th, lets just take that date, which has more than paid her bond. Can they still hold her?? And if not does the jail have the authority to release her?:confused:
 

cdkelley

Member
What would this be called?

I had been on probation for 9 years for various charges,but finally applied myself,straightened up, did what I was supposed to, & changed my life around. I was graduated from Drug Treatment Court,all my charges,including all my original charges that tagged along with me into the DTC,were dropped & supposed to be expunged upon graduation,I was released from probation,& all remaining fees & fines I might still owe were also wiped clean.I walked out a new person.

2 nights later at 3am,I awake to loud knocking at my door. Yep,it's the local PD with,not 1,BUT 2-' no bail' warrants from the exact same judge that had just graduated me 2 days prior in his courtroom.

The warrants read,"failure to comply & complete sentencing'- on my 2 ORIGINAL charges from 9 years prior! I had served 6 & 1/2 months county time,& paid all of the fees & fines years before. on both of the cases.
I had the paperwork from both cases & also the certificates from my graduation & release from everything,but there was nothing the officers could do but take me in.Only a judge can revoke a warrant.

I was hysterical! I had recently been badly injured at my work & had an ongoing dispute over my workmans comp.& disability payments & I'd waited 2 months for the main company dis. Dr. to get me in. My appointment was early the same morning.
I had my step daughter calling every & anyone I could think of to get this straightened out.Well she did her best.

I finally cried myself to sleep in the downtown holding cell as I watched the minutes when I should of been at the dr's tic by.I was woke up & shipped to the county facility about 13 hours after the knock on my door.

As I was in booking,I was called up to get fingerprinted.The phone rang.I was told to step away from the desk.(a mandatory security precaution) The officer called me back up to the fingerprint desk & asked what my name was. I answered & she said,"ok,I'm gonna fingerprint you ,because it's mandatory proceedure for all inmates & then when i'm done you go through that door,you'll be fingerprinted out & receive your property & you'll be released."

I was almost overjoyed.She said that the phone call was the court saying to release me.I asked her if they explained why I was arrested, or what had happened,she replied,"Typo on the court papers."

TYPO?? A TYPO??

I lost all of my 2 & 1/2 months disability & my workmans comp. pay because of a friggin typo on my court papers??

Yes, I certainly did,not only that,but there was no way I could even begin to describe the demeaning embarrassment,hysteria,& distress, & seething anger I experienced in that night & all the months following.It cost my my dignity,embarassed my family.Demeaned my self-esteem & integrity in front of the officers,& also at my place employment, it seriously almost sent me back over the edge to using.It took,once again the faith I'd finally gotten in the system & the people that you are supposed to be able to trust,away. More then I can,or care, to think about.

So what is considered false imprisonment?And what, or who in the heck is a person supposed to contact or do? I've been harrassed by a police department before & it's nothing pretty.But my life was literally crumbled & crushed financially.since I am unable to work from the injury I sustained & I lost all my rights for any financial aid when I missed that appointment & the 2 others I had with my lawyer & supervisor that same morning.

Sorry for the long post.
cdkelley
 

kjizzle

Member
What would this be called?

I had been on probation for 9 years for various charges,but finally applied myself,straightened up, did what I was supposed to, & changed my life around. I was graduated from Drug Treatment Court,all my charges,including all my original charges that tagged along with me into the DTC,were dropped & supposed to be expunged upon graduation,I was released from probation,& all remaining fees & fines I might still owe were also wiped clean.I walked out a new person.

2 nights later at 3am,I awake to loud knocking at my door. Yep,it's the local PD with,not 1,BUT 2-' no bail' warrants from the exact same judge that had just graduated me 2 days prior in his courtroom.

The warrants read,"failure to comply & complete sentencing'- on my 2 ORIGINAL charges from 9 years prior! I had served 6 & 1/2 months county time,& paid all of the fees & fines years before. on both of the cases.
I had the paperwork from both cases & also the certificates from my graduation & release from everything,but there was nothing the officers could do but take me in.Only a judge can revoke a warrant.

I was hysterical! I had recently been badly injured at my work & had an ongoing dispute over my workmans comp.& disability payments & I'd waited 2 months for the main company dis. Dr. to get me in. My appointment was early the same morning.
I had my step daughter calling every & anyone I could think of to get this straightened out.Well she did her best.

I finally cried myself to sleep in the downtown holding cell as I watched the minutes when I should of been at the dr's tic by.I was woke up & shipped to the county facility about 13 hours after the knock on my door.

As I was in booking,I was called up to get fingerprinted.The phone rang.I was told to step away from the desk.(a mandatory security precaution) The officer called me back up to the fingerprint desk & asked what my name was. I answered & she said,"ok,I'm gonna fingerprint you ,because it's mandatory proceedure for all inmates & then when i'm done you go through that door,you'll be fingerprinted out & receive your property & you'll be released."

I was almost overjoyed.She said that the phone call was the court saying to release me.I asked her if they explained why I was arrested, or what had happened,she replied,"Typo on the court papers."

TYPO?? A TYPO??

I lost all of my 2 & 1/2 months disability & my workmans comp. pay because of a friggin typo on my court papers??

Yes, I certainly did,not only that,but there was no way I could even begin to describe the demeaning embarrassment,hysteria,& distress, & seething anger I experienced in that night & all the months following.It cost my my dignity,embarassed my family.Demeaned my self-esteem & integrity in front of the officers,& also at my place employment, it seriously almost sent me back over the edge to using.It took,once again the faith I'd finally gotten in the system & the people that you are supposed to be able to trust,away. More then I can,or care, to think about.

So what is considered false imprisonment?And what, or who in the heck is a person supposed to contact or do? I've been harrassed by a police department before & it's nothing pretty.But my life was literally crumbled & crushed financially.since I am unable to work from the injury I sustained & I lost all my rights for any financial aid when I missed that appointment & the 2 others I had with my lawyer & supervisor that same morning.

Sorry for the long post.
cdkelley
It sounds like you did do what was required of you and I applaud you taking responsibility for your actions and turning your life around. The law is not perfect, although it should be it's not. Have you tried getting something from the judge's office stating that there was a mistake to help you? I would write the judge and explain the details and see if he can help. All judges are not alike and do care and are willing to help. I have found if you are genuine judges will see that and will help when they can. I hope this does not set you back in your recovery.
 
if paternity has been established and there is a child support warrent she will not be released until she pays the entire bond of $500 dollars. Sheriff Joe did a dead beat parent round up on the 14th of this month( missed my ex dam!) but with child support bonds also called a purge, they must be paid in full no money off for days they sit in jail
 

cdkelley

Member
It sounds like you did do what was required of you and I applaud you taking responsibility for your actions and turning your life around. The law is not perfect, although it should be it's not. Have you tried getting something from the judge's office stating that there was a mistake to help you? I would write the judge and explain the details and see if he can help. All judges are not alike and do care and are willing to help. I have found if you are genuine judges will see that and will help when they can. I hope this does not set you back in your recovery.
Thank you so much for your encouragment!

No this was a long time back,thank goodness.To be honest I was so terrified they'd find another 'typo' that I was afraid to go to the courthouse,so I called 1 of the people on my support team from court & they told me the judge would take care of it. That calmed me down,until I received a notice of another no bail warrant the following week,on the very last charge I had .It was also supposed to have been included in my graduation dismissal.In fact it was a paraphenilia charge I was charged with AFTER I was already in the program of DTC.

I was told that on my prior court check in (to my graduation)the court reporter typed in the date of the 5th of the month for my next court appearance.Which was to be my graduation.But in the busy paperwork, the 10th was accidently typed on my court papers & also my PD's. When I ,nor my PD, failed to appear on the 5th on the following month,Warrants were issued.I had 5 cases all total in the court.-2 were my priors that started me on the probation,(petty thefts) & the 2 charges that got me into the program in DTC were,of course,drug charges,Then when I was 1st in the program the officer who was out to 'help' me,came in & searched & I gave him some of my old para, & I ended up getting charged with it.

Well when someone in the court realized that there was a discrimination on the paperwork court dates,after the 5th,but prior to me going to court on the 10th to graduate,they supposedly dropped the warrants issued. When I came to graduate,nothing was said at all about all of this.

And I was so excited to finally be getting over with everything that I made a big mistake-I didn't listen carefully to the judge's words & make sure each charge was stated & then dismissed.

I just stood there responding, nodding my head looking like a bobble headed, grinning, fool.Little did I realize! LOL! I grabbed the paperwork they gave me, & almost ran out of the courthouse like I was carrying the relay stick from a marathon.

2nd mistake-ALWAYS CHECK YOUR PAPERWORK!

It turned out for some reason,they forgot to revoke the 2 warrants for my 1st 2 charges & the final charge. They only did the 2 that originally put me in that program.

I found that if I was stupid enough to get myself into the courtroom, then I'd better learn the lingo enough to know where my butt was going after the judge talked.

Honestly,I felt it was more of my own lawyer's oversight. The clerks & judges see so many pieces of papers & folders,& granted,so do the PD's,I know,but in a program you have alot of contact with your PD(or at least I did,i.e,so many charges!) & he should of verified that all the cases were dropped.

Well sorry for such a long reply again but I wanted to maybe tell all this so that others who are trying to make it, & have a "typo" happen to then will pay better attention in court & if you do,don't let it discourage you into jumping back into the world you just crawled out of.

And finally-I've been clean,with no relapses, for almost 10 years !
Have a nice day everyone!
Cathy
 

kjizzle

Member
Thank you so much for your encouragment!

No this was a long time back,thank goodness.To be honest I was so terrified they'd find another 'typo' that I was afraid to go to the courthouse,so I called 1 of the people on my support team from court & they told me the judge would take care of it. That calmed me down,until I received a notice of another no bail warrant the following week,on the very last charge I had .It was also supposed to have been included in my graduation dismissal.In fact it was a paraphenilia charge I was charged with AFTER I was already in the program of DTC.

I was told that on my prior court check in (to my graduation)the court reporter typed in the date of the 5th of the month for my next court appearance.Which was to be my graduation.But in the busy paperwork, the 10th was accidently typed on my court papers & also my PD's. When I ,nor my PD, failed to appear on the 5th on the following month,Warrants were issued.I had 5 cases all total in the court.-2 were my priors that started me on the probation,(petty thefts) & the 2 charges that got me into the program in DTC were,of course,drug charges,Then when I was 1st in the program the officer who was out to 'help' me,came in & searched & I gave him some of my old para, & I ended up getting charged with it.

Well when someone in the court realized that there was a discrimination on the paperwork court dates,after the 5th,but prior to me going to court on the 10th to graduate,they supposedly dropped the warrants issued. When I came to graduate,nothing was said at all about all of this.

And I was so excited to finally be getting over with everything that I made a big mistake-I didn't listen carefully to the judge's words & make sure each charge was stated & then dismissed.

I just stood there responding, nodding my head looking like a bobble headed, grinning, fool.Little did I realize! LOL! I grabbed the paperwork they gave me, & almost ran out of the courthouse like I was carrying the relay stick from a marathon.

2nd mistake-ALWAYS CHECK YOUR PAPERWORK!

It turned out for some reason,they forgot to revoke the 2 warrants for my 1st 2 charges & the final charge. They only did the 2 that originally put me in that program.

I found that if I was stupid enough to get myself into the courtroom, then I'd better learn the lingo enough to know where my butt was going after the judge talked.

Honestly,I felt it was more of my own lawyer's oversight. The clerks & judges see so many pieces of papers & folders,& granted,so do the PD's,I know,but in a program you have alot of contact with your PD(or at least I did,i.e,so many charges!) & he should of verified that all the cases were dropped.

Well sorry for such a long reply again but I wanted to maybe tell all this so that others who are trying to make it, & have a "typo" happen to then will pay better attention in court & if you do,don't let it discourage you into jumping back into the world you just crawled out of.

And finally-I've been clean,with no relapses, for almost 10 years !
Have a nice day everyone!
Cathy
Congrats on the 10 years. Have you thought of sharing your story and helping others in your situation? Your experiences could help someone else turn their life around too. Just a thought:)
 

suhelms

Junior Member
The paternaty suite was when she tryed to collect for child support a couple of years ago from her son's father, who by the way she is still married to but seperated years ago. She changed her mind and decided not to persue it after the court had told her to submit a DNA sample. If she filed for support and then chose not to go forward, then why is the State still acting on it? And when they do get what they want, it's doubtfull that she would get any support anyway! Since child support and the welfare of the child are center of the reason she's in jail now, where is the concern for the child while she sits in jail waiting for the State to come get her spit!! It's now two weeks she's been behind bars for this, and two weeks prior to that for Maricopa when they ORed her. Now the jail tells me that they will notify Maricopa "again" and wait 10 days "again" for them to come get her. That's double jeapordy!!! This is just too unreal!!!
 
Did she receive any benefits from the state to care for the child? Health care, food stamps, cash assistence? Did she apply for any of these things? If the state ordered her to give a DNA sample usually it means the state is planning to pursue NCP in order to get back the money used on behalf of the child. The state doesnt just foot the bill you know.
 
Double jepordy

Double Jepordy has nothing to do with your daughters case. Double jepordy means that you cannot be tried for the same crime twice. Say for instance OJ admitted to killing Nicole. They could not try him again for that crime because he was already tried for it and got off.:rolleyes:
 

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