Arrested for a Charge When I Had Already Completed My Sentence
My question involves court procedures for the state of: Michigan.
Ok I am going to start from the begining. I was arrested in 2011 on mlk day for possesion of marijuana. I was not arrested but the sherif told me I will have a warrent a month to three months from that day I was busted. I went to court and to a plea deal. I had completed and was released from probation may 2012. Just recently, April 2013, the campus cops came to my door at 1am to arrest me for a warrant from January 2011. I went to jail and did about a day until I arranged bail. Once I want to court and talked to the proscuter during the pre trial I had stated I was already on probation for this and got off. After 15 minutes of doing some digging, the proscuter dismissed the case due to ne already serving time for this crime. I want to take them to small claims court and sue them. Do I have any chancce of winning or was this a violation of my rights in any way? This has affected my day to day life.
Re: If I Was Arrested for a Warrant Thast Was Issued for a Case I Was Already on Prob
Mistakes happen. What damages do you have?
Re: If I Was Arrested for a Warrant Thast Was Issued for a Case I Was Already on Prob
I missed a day of work was almost fired, my boss looks at me as a criminal, I missed class because of this, I have not been able to focus on my studies like normal, and every night I go to sleep I watch the door waiting for the knock to come again. Not to mention it is always in the back of my head, "what if they made a mistake again and I get pulled over for a warrant and have guns drawn on me.
Re: If I Was Arrested for a Warrant Thast Was Issued for a Case I Was Already on Prob
You appear to be telling us that, due to a mistake somewhere along the line, you had an active arrest warrant for your 2011 drug charge, the police picked you up on that active warrant, and as a result you were detained overnight while the police determined that the charge had been resolved and the warrant should have been recalled. Is that correct? If so, odds are your claim is going to be prevented by governmental and/or judicial immunity. The details matter - so consult a lawyer with the detailed facts - but this is not a case that is going to be litigated in small claims court even if you file there.
Re: If I Was Arrested for a Warrant Thast Was Issued for a Case I Was Already on Prob
Kind of. I was detained on that in 2011 and bailed out. Then got out on probation and got off in 2012. Then a month ago (after the court discharged me for this and exponged it from my record) and arrested me saying it was a new charge. So I spent a night in jail and had to go through the court process until the pre trail. Once I talked to the prosecutor and stated I was already on probation and completed. She did a bit of investigating and realized I was right. They then dismissed it.