My Friend was just told his case was ';Dismissed'; he has been in prison for 8 month for charges against him. He was charged with drug trafficing and intent to distribute in New Mexico. We are from Texas. Well he was jailed there in Lea County for 8 months through investigations and other things. First he had only been to New Mexico about 2 times and only for work. He told them that, he didnt even meet the description the cop had of the suspect. He also took a polygraph and it said he was telling the truth of not being that person. He also went throught all these other things for the state and he knew and we all knew it wasnt him. Well last week they dismissed the case and are sending him home becuase the state failed to release information they had on the suspect that he had been hospitalized for gun shot wounds and a stabbing. Well when they examed my friend he had never been shot or even have the same scarring and the suspect had. Does he have a case for false imprisonment?False Imprisonment?
Yes. Find a qualified, competent attorney to sue these authorities who jailed him. Try to collect as much documentation (court records, police reports or even personal accounts) as quietly as possible before proceeding with a lawsuit since, when you file the suit, documents you may need may just disappear at the hands of those responsible. Good luck to you.False Imprisonment?
you cant really do anything about it.... thats the problem with our govt... they just want some one to blaim and they dont care who it is or if they even did it as long as they can prove otherwise... I think there should be some sort of compensation for false imprisonment though.... its just wrong that all you get is an appology.......
if your friend has a very good attorney he could possibly have a case but in all reality he should just appreciate being out cause what is he going to get out of it?
No, this happens. Polygraphs aren't even accepted as evidence in courtrooms.
if they found the drugs, they were within law enforcement rights.
If he had nothing to do with drugs, then yes.
You need an attorney and probably have a case.
He would be able to get between $50-$1,500 per day + lost wages.
Only 21 states have compensation laws on the books, which spell out exactly how much you get for a wrongful conviction. Louisiana, for example, ponies up $15,000 for each year of incarceration, plus job training and help with college tuition. Alabama pays at least $50,000 a year, and California pays $100 per day. Meanwhile, the federal government forks over $50,000 for each year of incarceration for federal crimes, plus $50,000 for each year spent on death row.
In Connecticut, which is among the 29 states without compensation statutes, ex-prisoners must lobby the legislature to pass a private bill that grants compensation to a specific person. Here, the dollar amount loosely depends on what payments the state has made in the past. The number should account for the victim’s lost time, lost wages, and physical and mental suffering, as well as the effects on his or her family. Private bills are behind some of the multimillion-dollar rewards that make the headlines, but the payouts don’t always go off without a hitch. Florida, for instance, initially planned to award $1.25 million to Alan Crotzer for serving more than 24 years after being convicted of armed robbery and rape, but ultimately dropped the payment from its budget, instead giving $4.8 million to the parents of a teen who had died in juvie boot camp. (You can keep tabs on awards by reading Justice: Denied, “the magazine for the wrongly convicted.”)
Monday, February 8, 2010
False arrest and/or imprisonment?
It's when you are held without cause.
If you can be more specific, people may be able to answer your question better.False arrest and/or imprisonment?
Question?
If you can be more specific, people may be able to answer your question better.False arrest and/or imprisonment?
Question?
False arrest imprisonment assault malicious prosecution round 2?
i posted 10 hours ago and answers suggest i may have been lying to back things up the video of the arrest is at youtube just search for pc levitt the police confirm that no complaint had been made against me for assault i was then arrested for assault 2 more videos are being converted for viewing which have threats from pc levitt 393 and pc grange 2027 if i dont drop complaint i will regret it pc levitt 393 has provided a witness statement which is also published on the net please take time to read both his statement and listen to the audio evidence then make your mind upFalse arrest imprisonment assault malicious prosecution round 2?
He made it very clear to you, the other person had made a counter allegation of assault. They were prepared to drop the allegation if you did.
You chose not to drop it, meaning both parties could be arrested for this, and they would leave it for the courts to decide. at which time all the witnesses would be called and they could all give their story to the court.
This is a common tactic, but clearly your girlfriend did not help matters I had no trouble with the volume when the Police spoke but when Sarah opened her mouth she was screaming and towards the end came across as aggressive. Not a big help when you state your a victim.
Go to a Dr and have your injuries recoded so it can be be used in evidence if needed. Some injuries like a dislocated finger are very obviously caused as a result of punching someone, others will obvious defence wounds if there are no defence injuries they will assume you were not a victim so you need to be able to explain what happened.
You were too drunk to make sense certainly Sarah was causing a breach of the peace, so its not helping your case.False arrest imprisonment assault malicious prosecution round 2?
You should have listened and went home. The officers told you more than a dozen times to drop it and go home. You dont bring up a charge and the other guy wont. You should have let it go. Its not a false arrest or malicious arrest, they were quite clear when they told you that the other guy wasnt going to file a complain and neither should you, but you obviously didnt want to listen. You didnt drop the complains and now you regret it, just as they had told you. Because now you forced their hands and have to prosectute you. Good job. Perhaps next time the police tell you to drop something, you wont argue, you'll take their advise and move on.short hair cut
He made it very clear to you, the other person had made a counter allegation of assault. They were prepared to drop the allegation if you did.
You chose not to drop it, meaning both parties could be arrested for this, and they would leave it for the courts to decide. at which time all the witnesses would be called and they could all give their story to the court.
This is a common tactic, but clearly your girlfriend did not help matters I had no trouble with the volume when the Police spoke but when Sarah opened her mouth she was screaming and towards the end came across as aggressive. Not a big help when you state your a victim.
Go to a Dr and have your injuries recoded so it can be be used in evidence if needed. Some injuries like a dislocated finger are very obviously caused as a result of punching someone, others will obvious defence wounds if there are no defence injuries they will assume you were not a victim so you need to be able to explain what happened.
You were too drunk to make sense certainly Sarah was causing a breach of the peace, so its not helping your case.False arrest imprisonment assault malicious prosecution round 2?
You should have listened and went home. The officers told you more than a dozen times to drop it and go home. You dont bring up a charge and the other guy wont. You should have let it go. Its not a false arrest or malicious arrest, they were quite clear when they told you that the other guy wasnt going to file a complain and neither should you, but you obviously didnt want to listen. You didnt drop the complains and now you regret it, just as they had told you. Because now you forced their hands and have to prosectute you. Good job. Perhaps next time the police tell you to drop something, you wont argue, you'll take their advise and move on.
False arrest imprisonment assault malicious prosecution?
im starting to go mad iwas assaulted by a bouncer so i called the police when they arrived i was taken to one side and told that if i wanted to make a complaint of assault against the bouncer then i would be arrested pc grange went on to explain that no one had made a complaint of assault against me i suffered a broken nose badly bruised arm wrist i told the officer that i would still wish to complain about the assault i was then placed under arrest for assault cuffed searched put in the back of the van pc levitt 393 came to the van and said im going to give you some serious advice drop your complaint or you will regret it 5 mins later he came back and dearrested me then kept stopping me from leaving the area he was told the other officer to leave me i walked away the officer ran back to me and placed me under arrest for drunk and disorderly i was released to appear at court when i got there i had the whole thing on my mobile the cps have this evidence but still havnt dropped the caseFalse arrest imprisonment assault malicious prosecution?
If the CPS wont drop the case it sounds like you are bang to rights....Perhaps you should stop shouting your mouth off in night clubs and then kick off at the bouncers....you are a silly boy aren't you!
BTW...Why are you posting officer number on here? Would you like it if i put your Email address all over the net?False arrest imprisonment assault malicious prosecution?
I don't think you have much of a complaint. There is obviously more to this story and this is usually the case when someone gets drunk to the point that a bouncer kicks them out of the bar, causing the bar to lose more money that was going to be spent on overpriced drinks. From everything you said, it sounds like you were drunk and out of control!
Sounds a bit far fetched to me. What were you doing for the bouncer to assault you?. If this is true then make a formal complaint to the Police. I can't see a problem with posting Officers names and numbers if they are in the wrong, but if it's not true then you could be in serious trouble.
its against the law to fight with bouncers your not telling us why the bouncer attacked you and if you where drunk do you even remember what sounds like happened to me is that you where arrested for fighting with the bouncer then the bouncer decided not to press charges and since you probably where drunk and pissed the officers off by acting stupid so they took you to jail for drunk and disorderly
you are either making up this story or someone did it for you.one is not arrested for filing charges.you said you were arrested and then dearrested. there is no such thing as being dearrested.i read this 3 times and got the same thing each time,this is pure bs.
----------retired texas deputy sheriff----------
Don't believe you. Sounds more like you were drunk, tried to pick a fight with the doorman and came off worse. Then the police gave you the chance to go away quietly, you wouldn't and were arrested. Clearly the CPS have the evidence they need.
Maybe try making a complaint at a different police station, or two.
Hopefully the judges are on the lookout for police wrongdoing.
There's no such thing as justice, just us.
This does't sound right. As the late Paul Harvey would say, what's the rest of the story.
that's sad right there.
Obviously an incident occurred in a night club during which you alleged that you had been assaulted by door-staff. They obviously ejected you for a good reason.
When people are drunk it is often difficult for them to accept advice, either from police or otherwise.
Clearly the bouncers wanted to make a counter allegation that you assaulted them, which they dropped when you dropped yours.
Clearly someone was in the wrong. Whether that was you, we will never know. Arguing with the police whilst drunk wasn't the wisest move.
It's not the case that the police always believe bouncers because we don't. We look at all the available info and make a decision based on that. Only a few years ago I arrested two bouncers who had assaulted a male. Independent witnesses came forward at the time and verified the injured males story.
The fact that CPS are not dropping the case tends to suggest that there is sufficient evidence to secure a conviction.
that is the most stupididest thing i have ever heard. you getting arrested for nothing, what is this world coming to. you are the victim and your the one whos been made to look like a criminal. what a discrace. that bouncer should be the one getting arrested not you. we need to startfighting back with things like this because its just not on. good luck mate
If the CPS wont drop the case it sounds like you are bang to rights....Perhaps you should stop shouting your mouth off in night clubs and then kick off at the bouncers....you are a silly boy aren't you!
BTW...Why are you posting officer number on here? Would you like it if i put your Email address all over the net?False arrest imprisonment assault malicious prosecution?
I don't think you have much of a complaint. There is obviously more to this story and this is usually the case when someone gets drunk to the point that a bouncer kicks them out of the bar, causing the bar to lose more money that was going to be spent on overpriced drinks. From everything you said, it sounds like you were drunk and out of control!
Sounds a bit far fetched to me. What were you doing for the bouncer to assault you?. If this is true then make a formal complaint to the Police. I can't see a problem with posting Officers names and numbers if they are in the wrong, but if it's not true then you could be in serious trouble.
its against the law to fight with bouncers your not telling us why the bouncer attacked you and if you where drunk do you even remember what sounds like happened to me is that you where arrested for fighting with the bouncer then the bouncer decided not to press charges and since you probably where drunk and pissed the officers off by acting stupid so they took you to jail for drunk and disorderly
you are either making up this story or someone did it for you.one is not arrested for filing charges.you said you were arrested and then dearrested. there is no such thing as being dearrested.i read this 3 times and got the same thing each time,this is pure bs.
----------retired texas deputy sheriff----------
Don't believe you. Sounds more like you were drunk, tried to pick a fight with the doorman and came off worse. Then the police gave you the chance to go away quietly, you wouldn't and were arrested. Clearly the CPS have the evidence they need.
Maybe try making a complaint at a different police station, or two.
Hopefully the judges are on the lookout for police wrongdoing.
There's no such thing as justice, just us.
This does't sound right. As the late Paul Harvey would say, what's the rest of the story.
that's sad right there.
Obviously an incident occurred in a night club during which you alleged that you had been assaulted by door-staff. They obviously ejected you for a good reason.
When people are drunk it is often difficult for them to accept advice, either from police or otherwise.
Clearly the bouncers wanted to make a counter allegation that you assaulted them, which they dropped when you dropped yours.
Clearly someone was in the wrong. Whether that was you, we will never know. Arguing with the police whilst drunk wasn't the wisest move.
It's not the case that the police always believe bouncers because we don't. We look at all the available info and make a decision based on that. Only a few years ago I arrested two bouncers who had assaulted a male. Independent witnesses came forward at the time and verified the injured males story.
The fact that CPS are not dropping the case tends to suggest that there is sufficient evidence to secure a conviction.
that is the most stupididest thing i have ever heard. you getting arrested for nothing, what is this world coming to. you are the victim and your the one whos been made to look like a criminal. what a discrace. that bouncer should be the one getting arrested not you. we need to startfighting back with things like this because its just not on. good luck mate
False/True imprisonment?
If false imprisonment is a crime, doesn't that mean that ';true imprisonment'; exists and is NOT a crime? Is there such a concept as true imprisonment?False/True imprisonment?
Of course. If a person is convicted by a jury of his peers, through the court system, and is sentenced to prison by a judge, that is the legal form of imprisonment. They don't call it ';true'; imprisonment, though.False/True imprisonment?
Yes...it is called a Jail Term, ';Being Detained,'; or; ';Held in Custody.'; Or, simply ';Being Arrested.';
As a Private Citizen, or even a Corporate Entity (generally), you can not legally restrict someone from coming and going as they wish, so holding them against their will can be False Imprisonment. A Property Owner or Agent For a Property Owner (i.e.: Security Personnel) - or, even Joe Average on the street under certain circumstances - *can* legally detain someone for pick-up by the Police.
Good Luck!
Yes. For example:
* grounding your children
* police custody
* prohibiting leaving a hospital if you're still ill
Of course. If a person is convicted by a jury of his peers, through the court system, and is sentenced to prison by a judge, that is the legal form of imprisonment. They don't call it ';true'; imprisonment, though.False/True imprisonment?
Yes...it is called a Jail Term, ';Being Detained,'; or; ';Held in Custody.'; Or, simply ';Being Arrested.';
As a Private Citizen, or even a Corporate Entity (generally), you can not legally restrict someone from coming and going as they wish, so holding them against their will can be False Imprisonment. A Property Owner or Agent For a Property Owner (i.e.: Security Personnel) - or, even Joe Average on the street under certain circumstances - *can* legally detain someone for pick-up by the Police.
Good Luck!
Yes. For example:
* grounding your children
* police custody
* prohibiting leaving a hospital if you're still ill
What is false imprisonment?
Keeping someone from leaving with no legal authority to do so.What is false imprisonment?
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.What is false imprisonment?
It's when you imprison somone for something they didn't do.
now can you please anwser my question? thanks!
http://answers.yahoo.com/question/index;_ylt=AqctWLK3AvPYF2ad.twwgd7sy6IX;_ylv=3?qid=20080415172911AAuarBT
When someone is sent to jail/held against their will without getting a proper trial and without having authority. It is illegal and the offender may be indicted.
being held against one's will
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.What is false imprisonment?
It's when you imprison somone for something they didn't do.
now can you please anwser my question? thanks!
http://answers.yahoo.com/question/index;_ylt=AqctWLK3AvPYF2ad.twwgd7sy6IX;_ylv=3?qid=20080415172911AAuarBT
When someone is sent to jail/held against their will without getting a proper trial and without having authority. It is illegal and the offender may be indicted.
being held against one's will
Sunday, February 7, 2010
Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
My husband of 19 years is facing these charges. Do some of the charges drop once he goes to court. He does not have a criminal record. They gave hime these four violent charges .Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
A lot depends on what state he was charged in. I don't know about the false imprisonment charge but the armed robbery here in TN can be up to 20 years for a first offense. Kidnapping can be up to life here. The burglary will depend on the class of offense. If he was armed, it was night and people were home it would b class A offense here and can carry quite a sentence.
There are a lot of variables. His sentences could be set one after another or could be served at the same time. Some charges could be lessened or dropped depending on the evidence or the details.
You need a good lawyer if you can afford one. If you can't try your best to get a Public Defender instead of a court appointed attorney.Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
There are many factors in this. States are different. In some, armed robbery can carry a life sentence. In others, it could be less than 20 years. As for the other charges, I don't know.
You need to talk to a public defender to find out what kind of sentences your husband could be facing. If you can't afford an attorney, one will be appointed to defend your husband. If you can afford one, hire a criminal attorney.
Remember...he has the right to a jury trial and everyone is presumed innocent until proven guilty.
Your husband can be sentenced to serve consecutively or concurrently. There is a difference. It is really up to the prosecutor as to whether any or all of the charges could be dropped or reduced to a lesser degree. A lesser plea could be given. A plea bargain could be offered.
See what I mean? Talk to an attorney. There are too many factors for me to list here and I am no expert with the law.
What state?
A lot depends on what state he was charged in. I don't know about the false imprisonment charge but the armed robbery here in TN can be up to 20 years for a first offense. Kidnapping can be up to life here. The burglary will depend on the class of offense. If he was armed, it was night and people were home it would b class A offense here and can carry quite a sentence.
There are a lot of variables. His sentences could be set one after another or could be served at the same time. Some charges could be lessened or dropped depending on the evidence or the details.
You need a good lawyer if you can afford one. If you can't try your best to get a Public Defender instead of a court appointed attorney.Does anyone know how much time do arm robbery, burglary.kidnapping,false imprisonment can get ?
There are many factors in this. States are different. In some, armed robbery can carry a life sentence. In others, it could be less than 20 years. As for the other charges, I don't know.
You need to talk to a public defender to find out what kind of sentences your husband could be facing. If you can't afford an attorney, one will be appointed to defend your husband. If you can afford one, hire a criminal attorney.
Remember...he has the right to a jury trial and everyone is presumed innocent until proven guilty.
Your husband can be sentenced to serve consecutively or concurrently. There is a difference. It is really up to the prosecutor as to whether any or all of the charges could be dropped or reduced to a lesser degree. A lesser plea could be given. A plea bargain could be offered.
See what I mean? Talk to an attorney. There are too many factors for me to list here and I am no expert with the law.
What state?
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