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Kept when I should have been released...

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eerstevrouw

Junior Member
What is the name of your state (only U.S. law)? CaliforniaI was recently arrested and put jail on a bench warrant for failure to appear in court. I was kept for two days after after the day I was supposed to be released. They dropped all charges against me and kept me over the weekend, stating they "lost the paperwork" needed to release me from jail. I was wondering if there is any legal action I can take, for the emotional and financial distress they have caused me by not doing their jobs. Under other circumstances I would let it all go and move on with my life, but they treated me very poorly for the two extra days I was there. I was put into solitary confinement, (Which I understand they probably did for my own safety and to prevent any serious lawsuits.) where they didn't let me out at all for the first day, leaving the remains of my meals in my cell until the next meal time and denied me even the right to a bible or to attend the church service. (Mind you, I was not considered a danger to myself.) On top of it all, I'm at risk for loosing my job for the extended stay. (Yes, my employer knows the full extent of the situation.) Many people have told me to take legal action, but I was wondering if I even had anything to go on.
 


tranquility

Senior Member
I was kept for two days after after the day I was supposed to be released.
Two things. The first is how you determine the day you were "supposed" to be released. Why were you supposed to be released on a certain day?

Second, what were your damages for the two days of not being released? Not for being properly arrested, but for not being released for two extra days.
 

eerstevrouw

Junior Member
The judge said I would be released on 12/17, the day of my court hearing. I was released on 12/20 after having to have three different people call down to the courthouse to have my paper work sent to the jail for my release. I missed out on wages I could have been earning if I was not in jail.

And there's nothing like having a judge ask your family how it feels to know I would be having dinner with them that night instead of in jail.
 

tranquility

Senior Member
*IF* there were a legal requirement for you to be released on a certain day, and you weren't. *THEN* you may have damages of a couple of days of work.

However, you have not articulated the legal requirement for release.

I guess, without more facts about what happened, we won't be able to guide too much.
 

CdwJava

Senior Member
I have yet to ever see a bench warrant state "release by this date ..." Typically they merely command a law enforcement officer to take a person into custody. The bench warrant may also contain addition info such as whether bail is permitted, whether bail is NOT permitted, whether night service is permitted, and whether or not a court appearance is mandatory.

So, as asked, what makes you believe you were supposed to be released by a certain date?
 

ERAUPIKE

Senior Member
What is the name of your state (only U.S. law)? CaliforniaI was recently arrested and put jail on a bench warrant for failure to appear in court. I was kept for two days after after the day I was supposed to be released. They dropped all charges against me and kept me over the weekend, stating they "lost the paperwork" needed to release me from jail. I was wondering if there is any legal action I can take, for the emotional and financial distress they have caused me by not doing their jobs. Under other circumstances I would let it all go and move on with my life, but they treated me very poorly for the two extra days I was there. I was put into solitary confinement, (Which I understand they probably did for my own safety and to prevent any serious lawsuits.) where they didn't let me out at all for the first day, leaving the remains of my meals in my cell until the next meal time and denied me even the right to a bible or to attend the church service. (Mind you, I was not considered a danger to myself.) On top of it all, I'm at risk for loosing my job for the extended stay. (Yes, my employer knows the full extent of the situation.) Many people have told me to take legal action, but I was wondering if I even had anything to go on.
Were any of those people that told you to take legal action legal professionals?
 

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