wrongful arrest...please read!

[grinchmas]

My husband was arrested yesterday on an incorrect warrant. All of my husbands information such as name with middle initial, drivers license number, social security number was on the warrant. They handcuffed him and took him to a county jail (a different county then where the warrant was issued). They detained him for 7 hours...... never read him his rights. Meanwhile since the warrant said he was being arrested for theft and we had no idea what they were talking about...we started making many calls. We found out they thought he was married to a different person whom helped him commit the crime.....we had never heard of any of these people. We emailed a picture of my husband and then got a return email saying thanks for your help and all charges will be dropped. At first they tried to say it was identity theft, but later after piecing it together we found that was not the case. They had all my husbands info on a warrant that was meant for a person with the same name but a different middle name, different social, different drivers licence number. Now we are out the 250.00 that I bonded him out with as well as the money we are going to have tp pay an attorney to have the record aspunged. Any suggestions on anything would be appreciated!

 

[lillisa4]

hey..they admitted to the mistake which is a rare case it seems these days. if i were you they would be the ones out the money..talk to an attorney about bringing suit against them. lot of embarrassement goes along with an arrest plus loss wages and many other things. if you hadnt gone to the extremes you did to prove his innocence do you think they would have not sent him to jail if that was the sentence? go for a lawsuit....and goodluck....

 

[TYRIS]

i'm sorry if i read the post wrong, but who is she going to sue? was it the same agency that filed the warrant the one that arrested him? if not the arresting agencey can not be held liable due to the "good faith" rule and the fact that they had a valid warrant. as to miranda rights, if a subject is arrested for a warrant, then the arresting officers probably didn't ask him questions about the crime. as for the arrest, as for as the arresting officers were concerned it was valid. as for the agency tha issued the warrant...well hey, i know it's hard to believe but cops due make mistakes occasionally..sorry, thats the way it is, were not perfect and we do the best we can. in regards t the bond money, contact the local court and the district attorney's office, they should be able to help you with that. and i may be wrong in this statement but, you shouldn't have to hire an attorney to expunge a record due to the fact that he was never convicted of a crime.

TYRIS