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False Arrest situation, do I have a Case

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william71

Junior Member
What is the name of your state (only U.S. law)? Florida

I was on probation for 3 years. Last February a judge ruled that if I complete my payments that I owed that my probation would automatically terminated.

In March 2010 I made my last payment to the courts which according to the courts would end my probation. I discussed this over with my probation officer to make sure there wasn't anything I needed to do before ending my probation, she said NO. I get a call from her a few weeks later (April) stating that I'm still on probation, that I owed .74 cents. I said OK and went down to pay the .74 cents and obtained a receipt for it.

In May my Probation officer called me saying she still needed me to report for probation. When I asked her why her response was "my .74 cents hadn't cleared". I found that to be odd. When I showed up to report my probation officer was waiting with an officer to arrest me for violation of probation. I spent one week in jail before seeing a judge. When I appeared in court I showed the judge my receipt for the .74 cents. The judge was upset that I had been in jail for this issue and dismissed my case.

I feel as though I was wronfully arrested and want to sue the Dept. of Corrections for damages. How can I proceed?
What is the name of your state (only U.S. law)?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Florida

I was on probation for 3 years. Last February a judge ruled that if I complete my payments that I owed that my probation would automatically terminated.

In March 2010 I made my last payment to the courts which according to the courts would end my probation. I discussed this over with my probation officer to make sure there wasn't anything I needed to do before ending my probation, she said NO. I get a call from her a few weeks later (April) stating that I'm still on probation, that I owed .74 cents. I said OK and went down to pay the .74 cents and obtained a receipt for it.

In May my Probation officer called me saying she still needed me to report for probation. When I asked her why her response was "my .74 cents hadn't cleared". I found that to be odd. When I showed up to report my probation officer was waiting with an officer to arrest me for violation of probation. I spent one week in jail before seeing a judge. When I appeared in court I showed the judge my receipt for the .74 cents. The judge was upset that I had been in jail for this issue and dismissed my case.

I feel as though I was wronfully arrested and want to sue the Dept. of Corrections for damages. How can I proceed?
What is the name of your state (only U.S. law)?
I find it very hard to believe that the DOC would jail you based solely on a balance due of 74c on whatever payments you were supposed to make. It would cost them more than that to arrest you, transport you, and house you for the week you spent there.

It just seems to me there MUST be more to this story than what we've been told.

But if all is as you say, and there's nothing more to it, then you should hire a good civil attorney to sue the bad people for the inconvenience they caused you.
 

Zigner

Senior Member, Non-Attorney
...but not for false arrest ;)

The arrest itself was likely valid.

The civil attorney will advise on the actual tort(s) committed, if any.
 

william71

Junior Member
Yes, .74 cents. That's what I had to show the judge (which by the way did not even want to look at the receipt because she thought the whole situation was ridiculous to begin with).

Believe it or not people - employees of state and Government institutions are not always good/honest people. Can you imagine that!
 

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