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False arrest?

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Jomo1

Active Member
Considered by whom? You said yourself that nothing in the report was untrue. Your belief that additional facts that were not reported might have caused the police to act differently is nothing but speculation.




One detail that YOU left out of your post is whether you were actually arrested. Perhaps we're supposed to assume that you were, but you only told us that you were charged. I have a hard time believing you were actually arrested over something like this. Were you, in fact, arrested? Obviously, if you were, you have been released on bail or on your own recognizance. What is the status of the criminal case?




The store owner obviously didn't arrest you, so this makes no sense. Also, why wasn't this part of the previous small claims action?




Oh FFS....

It's not clear what the current status of the situation is, but it sounds like you have the tape deck and also a judgment against the seller. No apparent crime was committed by anyone, so I don't know what you're seeking to accomplish, but it's probably time to move on with your life.
Yes, my claiming that the police would not have followed through with the theft charges if the store owner told the entire truth is speculation on my part. I hope that the small claims judge agrees with me.

Yes, I was arrested. The DA agreed to dismiss the charges if I paid the $750 to the store owner. I did just that.

I have no idea why the small claims judge wouldn't let this complaint be part of the original small claims hearing. I definitely asked during the hearing and he danced around my question.
 


quincy

Senior Member
Yes, my claiming that the police would not have followed through with the theft charges if the store owner told the entire truth is speculation on my part. I hope that the small claims judge agrees with me.

Yes, I was arrested. The DA agreed to dismiss the charges if I paid the $750 to the store owner. I did just that.

I have no idea why the small claims judge wouldn't let this complaint be part of the original small claims hearing. I definitely asked during the hearing and he danced around my question.
What was the explanation for the award of $1800 plus costs?
 

Bali Hai Again

Active Member
Yes, my claiming that the police would not have followed through with the theft charges if the store owner told the entire truth is speculation on my part. I hope that the small claims judge agrees with me.

Yes, I was arrested. The DA agreed to dismiss the charges if I paid the $750 to the store owner. I did just that.

I have no idea why the small claims judge wouldn't let this complaint be part of the original small claims hearing. I definitely asked during the hearing and he danced around my question.
You stated that you yourself told the officer that the store owner refused to hear anymore of your complaints and in effect refused to repair the equipment. So, the officer knew what was allegedly left out of the complaint by the store owner, didn’t investigate any further and went ahead with the charge anyway.

I think the best you can hope for is exposing the inept way that jurisdiction treated you. I wonder if the same treatment would apply to a hometown person that they apparently chose for an out of state tourist.
 

Jomo1

Active Member
What was the explanation for the award of $1800 plus costs?
In the end, the part that need replacing, and was replaced, caused stress on a motor that eventually died. I replaced the motor at a cost of $440. The technician who normally works on very high level reel to reel take decks, mentioned that the heads on the deck were not so good. I asked the store owner during the hearing what condition were the heads in and responded 'they're functional'. I guess that the judge was very upset with this person and awarded me for new heads.
As far as the explanation from the judge, all the paper worked said was basically that he ruled against the store owner and the store in $1800.xx
 

Jomo1

Active Member
You stated that you yourself told the officer that the store owner refused to hear anymore of your complaints and in effect refused to repair the equipment. So, the officer knew what was allegedly left out of the complaint by the store owner, didn’t investigate any further and went ahead with the charge anyway.

I think the best you can hope for is exposing the inept way that jurisdiction treated you. I wonder if the same treatment would apply to a hometown person that they apparently chose for an out of state tourist.
The officer didn't believe that the store owner wouldn't fix the tape deck. I couldn't produce a paid receipt for the repair of the deck as it was in the shop, but not repaired yet. I was just told what the cost would be after a preliminary look at the deck.
 

quincy

Senior Member
In the end, the part that need replacing, and was replaced, caused stress on a motor that eventually died. I replaced the motor at a cost of $440. The technician who normally works on very high level reel to reel take decks, mentioned that the heads on the deck were not so good. I asked the store owner during the hearing what condition were the heads in and responded 'they're functional'. I guess that the judge was very upset with this person and awarded me for new heads.
As far as the explanation from the judge, all the paper worked said was basically that he ruled against the store owner and the store in $1800.xx
Interesting. I guess the judge found your testimony more convincing than the testimony given by the store owner. Congratulations.

I still believe that any false arrest complaint has little chance of succeeding but ... I have been surprised by pretty much everything you have related so far so ... who knows. Haha.
 

Jomo1

Active Member
Interesting. I guess the judge found your testimony more convincing than the testimony given by the store owner. Congratulations.

I still believe that any false arrest complaint has little chance of succeeding but ... I have been surprised by pretty much everything you have related so far so ... who knows. Haha.
The defendant didn't really have anything to say. The judge understood what was going on and sent a message to this merchant. I was scared that the judge was going to support his local business owner but instead supported the local and nonlocal people who use this business.
 

quincy

Senior Member
The defendant didn't really have anything to say. The judge understood what was going on and sent a message to this merchant. I was scared that the judge was going to support his local business owner but instead supported the local and nonlocal people who use this business.
Whatever the judge was thinking, it is nice that his thoughts worked in your favor.

A bit of advice for the future: Support your own local businesses. ;)
 

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