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poppyflower

FALSE ARREST/ FALSE IMPRISONMENT

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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.

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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.

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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.

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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.

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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.

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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.

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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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