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FALSE ARREST/ FALSE IMPRISONMENT


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#1 poppyflower

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Posted 23 March 2013 - 09:00 PM

We live in Texas and husband was arrested and charged on a felony, which he didn't comment. I bail him out on a 2,500,000 dollar bond. Took a few days to process, We also retained a lawyer. He has called for a year now every week to the bailbonds. We just found out through the bailbonds on 3/6/2013 that the case was no billed by grand jury on 8/6/2012. never recieved anything about this nor did the attorney. my question is can we sue for the false arrest/false imprisonment? why, i ask is that we had to put lot of money into this plus, the police came to our house guns drawn in front of our children.

#2 Tax_Counsel

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Posted 24 March 2013 - 03:27 AM

No way to tell based on the information provided. All the police needed was probable cause to make the arrest. This is not a terribly high standard. That the grand jury declined to indict does not mean that the arrest was unlawful. Your husband may wish to consult a civil litigation attorney for a review of all the facts to see if there is any recourse for him.



#3 poppyflower

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Posted 24 March 2013 - 07:20 AM

well, there wasn't a probable cause, in fact it was the opposite. He did what he was told to do. The were saying he didn't. We had proof of it. We tried to show the police, but they wouldn't listen or just didn't care.

#4 LegalwriterOne

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Posted 24 March 2013 - 08:18 AM

Felony charges in texas can be brought up again at any time before the statute of limitations has run.  Depending upon what the charge is/was, that could be anywhere from 3 years to forever.



#5 poppyflower

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Posted 24 March 2013 - 08:31 PM

well, i not worried about the charge coming by because it won't hold up, as the grand jury even thought it wouldn't. it was a bogus charge. he did go anything for the police department to issue charges. he was falsely arrested and imprisoned. we just want to know if we can sue the police for the false arrest and incarceration.

#6 Fallen

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Posted 25 March 2013 - 07:03 AM

Anyone can sue anyone else for anything.  That you had "proof" that he didn't do X doesn't mean they didn't have probable cause to arrest him.  This is something your husband would discuss with his attorney.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#7 Guest_FindLaw_Amir_*

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Posted 27 March 2013 - 10:44 AM

I agree with the previous poster, this something your husband may want to discuss with a local Texas Lawyer to address and advise him further on this claim.






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