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Arrest/No Charge/release

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Ajaber19

Member
State of California
This incident happened a few years ago, I never looked back at this incident until recently because my work was going to send me to do some inspections on a state project but I was denied because of the false arrest.
It hurt me financially the last 2-3 years.
I lived in Corona, Ca on my way to work in Anaheim.
I made a left turn on the green left, I drove a large lifted truck so I made wider turns. The lady behind me sped up and made a more acute turn to the left, leaving me to hit my breaks and my right tires hitting the sidewalk.
I honked while now I was behind her, that's when she slammed her breaks to initiate an accident. But I stopped immediately and no contact was made. In retaliation I flipped her off and she yelled "learn to drive"
This happened right in front of a relatives store but I never asked for footage because I never needed it.
Five days later I recieved a call from an officer at work. He told me hes been looking for me and he finally found me. I dont understand what's so difficult because the truck was registered in my name and myfather's, he could have called my dad,. Note that my cell phone was lost/stolen a few days prior but I had filed a police report that same night for a stolen phone.
The officer asked me what happened and I explained, he then told it will all be ok if I came in and gave a statement. Also told him about stolen phone. I needed my police report for the stolen phone because at the time the insurance companies wouldn't replace phones without filed police reports.

I asked some friends if I should go. I always liked Police and I wanted to cooperate but never thought this would ever happen. Friends recommended I take family with me and a lawyer. But I didn't do anything wrong so I was confident I didnt need a lawyer. (I'll never make that mistake again).
By that time I had told my father, mother, and stepfather and they decided to come with me.
As soon as I got there he told me that I was going to be arrested for using my vehicle as a weapon and the "victim" had damage on back of her vehicle. We were stunned, he told me he can arrest me in cuffs or I can walk with him. Apparently i also hit this ladies vehicle with beer bottles and I was driving drunk. I dont drink alcohol for religious reasons and I asked him why he believes her and not me, it made no sense at all. Finally after pleading i asked him to show me proof of what shes saying is true. He showed me a picture of damage on bottom of her pumper. I have a lifted truck, impossible, I asked him to just take a minute and go see that my truck is lifted and nothing can cause that damage but again he ignored us.
After he fingerprinted me and did the arrest, my mother was calling the lawyer to come but he was busy at the time and it was late anyways, we would deal in court.
So he released me afterwards without answers.
Before we left the station I stood in line to get my report for my phone and he came up and asked me what I needed, I told him about report and he was "SHOCKED". He then said "wasn't that your phone on the table, I told him since this was important my father didnt want me to go anywhere without a phone so he told me to keep his phone with me.
I asked him if he arrested me because he thinks I lied to him about phone, he didnt respond and left after he handed me report, even the receptionist was looking at him like "crap, you screwed up again?!" look on her face.
When my court date came I met lawyer in front of court but it turns out NOTHING was even filed like nothing had happened. The arrest didn't show up until a few years later when I got a job that checked my background. I cant tell exactly because after my lawyer checked my record, nothing had shown then.
Later on we found out that the lady claimed she had a baby with her but there was nobody in the car, when she cut me off I saw inside her car, no baby. Also, SHE HAD A SUSPENDED driver's license.
I was falsely accused by a criminal and years later I suffer because a police officer didn't knew what he was doing.
I went to hire an investigator to see if there are any relations between the officer and the lady but it was too expensive.

I have lost so much sleep over this incident because I was treated so awfully. Any suggestions or advice of any kind is appreciated.
My only question is, why did this happen to me. I don't even know how it was legal what the officer did.
 


Ajaber19

Member
So he should make an arrest before investigating what happened? I don't understand the logic behind your statement.
The proof was parked in the the lot outside, all he had to do was look.

Why was I arrested?
Case wasn't dismissed by the DA, it was just never filed. Lawyer found nothing.
How can I have an arrest on my record but no charges were filed?

So I will blame the officer until I find a legal answer.
 

justalayman

Senior Member
does It matter?


You are where you are so you deal with the situation you are faced with.



You can be arrested when the police believe there is probable cause for the arrest. That doesn’t mean the prosecutor will file charges. Once you are arrrested the file is forwarded to the prosecutor. They review it and determine whether charges will be filed.


And blaming the officer will do as much good as beating your head in the wall. If you choose to continue the mental torture, have at it. It’s your mental health involved and it’s your right to torture yourself if you so choose
 

Ajaber19

Member
I see what you mean but losing work on state projects really hurts and will continue to.. that's torture for me.
So I was guilty before i set foot in that station.
Makes a person never want to trust or help police again.
Are you a lawyer?
 

justalayman

Senior Member
There are a lot of people that are arrested that are either found not guilty or the prosecutor chose to not bring their case to court for various reasons. They all face the same issue as yourself. It is s product of our system

Seek to have the arrest expunged


No I’m not w lawyer
 

Ajaber19

Member
I may need a lawyer to answer this but if you have an answer it would be great.

My workplace is sometimes sensitive, on the security forms to be approved on a project there is a question. 'Have you been arrested?'
Do I answer no if it was expunged?
 

quincy

Senior Member
I may need a lawyer to answer this but if you have an answer it would be great.

My workplace is sometimes sensitive, on the security forms to be approved on a project there is a question. 'Have you been arrested?'
Do I answer no if it was expunged?
There are a few circumstances where you must report expunged records. Here is a link to California's law:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.4&lawCode=PEN

In any application or questionnaire for public office, for state agency licensing or contracts with the state lottery, you must report honestly any expungement when asked.
 
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quincy

Senior Member
The link I provided was for the expungement of convictions. Thanks for locating the law more appropriate for Ajaber's described situation. :)

The process to seal/expunge is different but the reporting requirements are the same.
 
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Ajaber19

Member
Oh fantastic.
So getting a record sealed is something different than getting it expunged.

So if I ever apply for another project I can write 'No' on when they ask if I was ever arrested?
 

quincy

Senior Member
Oh fantastic.
So getting a record sealed is something different than getting it expunged.

So if I ever apply for another project I can write 'No' on when they ask if I was ever arrested?
Well .. it depends on the employment and the application.
 

Ajaber19

Member
The last project I was denied was a prison expansion project. They asked if I was arrested on the form and I wrote yes. I got a call a week later from personnel. I just told them I was not convicted of any crimes but they still denied my request.

In this situation could I have just put Not arrested?
 

quincy

Senior Member
The last project I was denied was a prison expansion project. They asked if I was arrested on the form and I wrote yes. I got a call a week later from personnel. I just told them I was not convicted of any crimes but they still denied my request.

In this situation could I have just put Not arrested?
Once your arrest is expunged or sealed, you can answer "no" to the question "Have you ever been arrested?" - unless you are applying for one of the exceptions listed under the law as requiring disclosure.
 

CdwJava

Senior Member
So he should make an arrest before investigating what happened? I don't understand the logic behind your statement.
The proof was parked in the the lot outside, all he had to do was look.

Why was I arrested?
Case wasn't dismissed by the DA, it was just never filed. Lawyer found nothing.
How can I have an arrest on my record but no charges were filed?

So I will blame the officer until I find a legal answer.
It sounds as if there was an allegation of a hit-and-run and/or a "road rage" incident involving the use of your car as a "weapon." What offense were you charged with (code section)? VC 20002? PC 245? Something else? Knowing that would help explain his actions. Generally, an arrest for a misdemeanor a few days after the offense would not be legally permissible, and if it were a felony, he should not have just released you unless he determined he lacked the probable cause to support the arrest (released per PC 849(b)).

If the DA never filed, you can look to get the arrest purged pursuant to PC 851.8. A detailed explanation of your options can be found here: http://www.courts.ca.gov/1070.htm
 

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