My wife had to sell my ASM collection off to bail me out of jail!

[Doktor]

All these mentions of times people have been in handcuffs & not one person mentions the handcuffs they keep hanging on the wall above their bed? Or is that just me?

[Designer Toast]

Google says

 

 

Under both federal and state law, a person who is falsely arrested is entitled to compensation for (1) loss of liberty, and (2) physical and/or emotional pain and suffering caused by the false arrest. (Injuries caused by excessive force and malicious prosecution are compensated separately.)

 

Importantly, a person who is falsely arrested is legally entitled to compensation for loss of liberty (to redress denial of free movement and harm to personal dignity), even if he or she does not experience any additional physical or emotional pain and suffering. See Kerman v. City of New York, 374 F.3d 93,123-126 (2d Cir. 2004); Gardner v. Federated Department Stores, Inc., 907 F.2d 1348, 1353 (2d Cir. 1990).

 

Obviously, a person who suffers more harm, including physical and/or emotional injuries, would be entitled to more compensation than a person who suffers less harm, including only loss of liberty. Nevertheless, “even absent such other injuries, an award of several thousand dollars may be appropriate simply for several hours loss of liberty.” Kerman, supra, at 125-126.

- See more at: http://warshawskylawfirm.com/lawyer/2014/02/01/Civil-Rights-Law/How-Much-Is-My-False-Arrest-Case-Worth_bl11513.htm#sthash.UFDchu0j.dpuf

 

 

But again contact a lawyer.

 

Are you referring to false arrest against the lady or the Police? She made a violent felony accusation so it will not be a false arrest for the Police. Imagine if they didnt arrest a suspect in a similiar situation and he killed her the next day. Then people would be clammering for failure to do job.

 

This is why I said consult a lawyer. But the whole thing seems like revocation of liberty without justified cause. Especially if he was notifying them of the security cameras at the time of his arrest and no investigation into that footage that ultimately cleared him was attempted. I don't know that he has to state "I believe this arrest to be unlawful" in order for them to have to provide him with proof of why he's being arrested. Some states have provisions that allow for resisting an unlawful arrest legally and some states do not and of course even some of those that do allow for legally resisting an unlawful arrest provide exemptions if the officer can prove that they were acting in good faith. Some faked bruises and stab wounds might likely be enough good faith for the officers to act upon...but again does it make it right to revoke someone's liberty when there's not indisputable evidence.

 

You are conflating the standards for acquittal in a criminal matter with the standards for effectuating a legal arrest. They are not the same.

 

Most folks also get confused about what PC (probable cause) actually means, which is more likely than not based on the facts or info available at the time of the arrest. The police respond to find a woman with injuries reporting she'd been assaulted and she identifies the alleged assailant. That's all the police needed at the time to effect an arrest and my opinion is they'd be immune from any liability for the initial arrest.

 

The only problem I have is how long it took to review this video. I don't have all the details, just info provided by the OP, and it sounds to me like the follow-up investigation may have not been all that timely or it falls on the DA's end...who knows. Bottom line, that video was exculpatory and perhaps it should've come into play much earlier. It doesn't take that long to look at surveillance video, even if you have to obtain a subpoena or warrant for it because you have an uncooperative in the mix who won't give you immediate access.

 

Just my here and, as has wisely been suggested, a consult with an attorney is never a bad idea.

[Brian48]

There's really no one you can sue for this?

[revat]

There's really no one you can sue for this?

 

the most likely scenario would be one where the false accuser would be sued.

 

and that's all well and good in theory.

 

But does she have enough assets to make it worth it? Doesn't sound like she's rich, but it does sound like she's crazy, which might mean you need medical personnel involved, and she might be able to drag it out indefinitely with hospitalizations.

 

And who knows what she kind of other crazy stories she might come up with in trial? Things that can't be unsaid or unheard, even if they're false.

 

And the legal fees (which you would sue for, but who knows if/when they come) you have to pay along the way.

 

Can you go through 6months - 1 year of a trial process with legal fees while working and raising a daughter and trying to put your life together? On the chance that maybe she'll pay you $300 a month for the next 8 years

 

Or would you rather rid this crazy person from your life forever? Or do you wait for her criminal trial first?

 

 

There's a lot to consider. Its not always an obvious slam dunk.

 

[Doohickamabob]

This story would make one hell of a country song.

[CAHokie]

There are so many factors that are most likely unknown to the OP or that are left out because its from his point of view only. Look how many CG threads usually start with the OP being the victim then turns out the exact opposite. There is no way in this case for us to know but as far as suing the Officers?.......

[Chaseman210]

There's really no one you can sue for this?

 

the most likely scenario would be one where the false accuser would be sued.

 

and that's all well and good in theory.

 

But does she have enough assets to make it worth it? Doesn't sound like she's rich, but it does sound like she's crazy, which might mean you need medical personnel involved, and she might be able to drag it out indefinitely with hospitalizations.

 

And who knows what she kind of other crazy stories she might come up with in trial? Things that can't be unsaid or unheard, even if they're false.

 

And the legal fees (which you would sue for, but who knows if/when they come) you have to pay along the way.

 

Can you go through 6months - 1 year of a trial process with legal fees while working and raising a daughter and trying to put your life together? On the chance that maybe she'll pay you $300 a month for the next 8 years

 

Or would you rather rid this crazy person from your life forever? Or do you wait for her criminal trial first?

 

 

There's a lot to consider. Its not always an obvious slam dunk.

 

Plus, if the OP knew she was dealing prescription drugs like in the first post, it might cause more trouble than it's worth.

[Unca Ben]

This story would make one hell of a country song.

 

[Rich_Henn]

Ok, here is a question for those with a law degree from Wikipedia University. You are walking down the street, 100% innocent, and the Police pull up and tell you to face wall and about to handcuff you.

 

Should you resist? Can you?

 

What if unknown to you a robbery just occurred and its your bad luck that you match the description of suspect. How do you think resisting will turn out? Is being handcuffed by itself an arrest? I will give you a hint.... Not necessarily. I would be careful advocating resisting police.

 

I've been handcuffed and not arrested. It was AWESOME!

 

 

 

Date night.

[Santos208]

cool story bro

[bluerosekiller]

There are so many factors that are most likely unknown to the OP or that are left out because its from his point of view only. Look how many CG threads usually start with the OP being the victim then turns out the exact opposite. There is no way in this case for us to know but as far as suing the Officers?.......

 

You're absolutely correct, of course.

I can only offer you my word that my account of the events is true.

 

As for suing the individual, she really has no assets to speak of.

Besides, I have no interest in having any further dealings with her out.

It would be different if I thought that there was any chance of recovering an amount that would cover my losses, but there's not.

[bluerosekiller]

There's really no one you can sue for this?

 

the most likely scenario would be one where the false accuser would be sued.

 

and that's all well and good in theory.

 

But does she have enough assets to make it worth it? Doesn't sound like she's rich, but it does sound like she's crazy, which might mean you need medical personnel involved, and she might be able to drag it out indefinitely with hospitalizations.

 

And who knows what she kind of other crazy stories she might come up with in trial? Things that can't be unsaid or unheard, even if they're false.

 

And the legal fees (which you would sue for, but who knows if/when they come) you have to pay along the way.

 

Can you go through 6months - 1 year of a trial process with legal fees while working and raising a daughter and trying to put your life together? On the chance that maybe she'll pay you $300 a month for the next 8 years

 

Or would you rather rid this crazy person from your life forever? Or do you wait for her criminal trial first?

 

 

There's a lot to consider. Its not always an obvious slam dunk.

 

Plus, if the OP knew she was dealing prescription drugs like in the first post, it might cause more trouble than it's worth.

 

I'm sorry, maybe I wasn't clear about that in my original post.

She was buying the pills for her own personal use. Still illegal, of course, but she wasn't dealing them out of my place. Just consuming them.

[MustEatBrains]

It sounds like you live in an apartment as opposed to a house. If I were in your shoes and went through your ordeal, day 1 or 2 I'm out of lockup I'd be looking to move as far as I can from crazy. Even though you are in the clear may want to get out or talk to your landlord about having her evicted.

[kav]

already done

[bluerosekiller]

Once again, I want to make sure to thank everyone here that's offered their sympathy for what occurred.

I sincerely appreciate it.

I know that some are surprised that I'd share something so personal & I understand that, but I just felt compelled to get it off my chest & since I've got nothing to hide, nor am I ashamed of it, I went ahead with it.

Oh, don't get me wrong, I'm most definitely chagrined by my ( very ) poor choices & hope that, if anything, my story prevents others from making any similar mistakes themselves.

There are so many good, really cool people out there, but the trouble is, there's no way to know who's cool & who's not. So, I'd suggest keeping anyone that you haven't known very well, for a very long time at arms length.

And, by all means, do not allow anyone that you're not 110% ( & THEN some! ) sure of crash on your couch!

 

 

[NP_Gresham]

I had to have my wife take my three long boxes of ASM to a local dealer to sell in order for her to come up with the cash to bail me out. ................and blah blah blah..wall of text

Cool!

Sounds like a fire sale!

Do you have a link to the Kool books

[Lazyboy]

I had to have my wife take my three long boxes of ASM to a local dealer to sell in order for her to come up with the cash to bail me out. ................and blah blah blah..wall of text

Cool!

Sounds like a fire sale!

Do you have a link to the Kool books

 

[Buzzetta]

Jim, why are you still living there? I would move ASAP.

[bluerosekiller]

Buzzetta - Believe me, had I been in a financial situation that would have enabled me to do so, I'd have done JUST that. Fact is, that was one of the things that I thought most about the entire time I was locked up.

But, do to a myriad of issues going on at the time, I had to shoot for the spring to make my exit.

But now, she's being evicted, so it's no longer an issue.

[kav]

Prepare yourself for the possibility of her coming back saying she's sorry and needs help.

This type cretin will do stuff like that.

And by prepare I mean have your cell video going.