Arrested on a Warrant After a Case Was Dismissed
My question involves civil rights in the State of: NJ
Need to know if I have a case to sue the Orange Municipality and Orange Police Department. A TRO was issued against me in a domestic violence dispute on June 21, 2016. I went to Family court and the TRO was dismissed on July 6, 2016. I received a notice in the mail and went to court on August 23 regarding the municipal charges in the same case. I appeared in court and the judge issued another court date in which it was requested I bring in the paperwork showing dismissal of the TRO.I went back to court with the documents and the pending charges connected to the case were dismissed on September 20th. I appeared in NJ family court once and Orange Municipal court on 2 separate occasions regarding this case. Last night on October 21, 2016 while driving home from Short Hills Mall, I was pulled over and arrested on an arrest warrant which was issued on June 21, 2016 regarding this same case. I was handcuffed driven to the Milburn police department where I was photographed and then transported to Orange Police Department in the back of a police car. I was allowed to make a phone call to my mother whom I told to go get the paperwork showing dismissal and to meet me at the Orange Police Department (OPD). Once I got to the OPD my mother presented the document showing dismissal of the TRO as well as the charges associated from the OMC. The arresting officer called the judge whom dismissed the case and she informed the officer that she was not on duty and to call the judge on duty. That judge informed the officer to process me anyway. I was then processed and fingerprinted and allowed to post bail to be released. I need to know if I have a case here based on these factors. I was arrested photograph and fingerprinted and I did nothing wrong. I was never informed that there was a warrant out for my arrest at any time while going through the court proceedings and then after the charges were dismissed I am arrested and detained for hours and photographed and finger printed when it has been over a month since the case was dismissed. I need to know if I have a lawsuit based on these factors. Thanks
Re: Arrested on a Warrant After a Case Was Dismissed
Your terminology is a bit confusing, to start with. You say a TRO was issued on June 21. You don't say who issued the TRO. You then say family court dismissed the TRO. Why would you go to family courts to address that and why do you believe they had jurisdiction over the matter? If the TRO was issued by a municipal courts based on a pending criminal action against you, that is whom must deal with dismissing it.
After that you say the some court summoned you to appear where you did and some, so far undefined criminal charges were dismissed (so far that is the first time you mentioned you were ever charged with anything). You don't say what the charges dismissed were.
Then you are subsequently arrested based on events from
tbe night of June 21. You don't say what charges they were for either.
While it's possible the arrest was based on a warrant not purged from the system, based on what you said it could just as easily be based on chaerges not having been filed before sept 21.
The fact you were never booked prior to oct 21, it sounds like the warrant was based on charges that had not previously been filed.
Beyond that, an arrest such as you experienced, even if based on a warrant that simply was not purged, is not usuallly a basis for a civil action on the arrestees part. The courts understand mistakes are sometimes made and they often result in the actions being forgiven. Basically as long as the arresting officer had a valid basis to act based on what information he was provided, it wouldn't allow for any action on your part.
Re: Arrested on a Warrant After a Case Was Dismissed
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jk
Your terminology is a bit confusing, to start with. You say a TRO was issued on June 21. You don't say who issued the TRO. You then say family court dismissed the TRO. Why would you go to family courts to address that and why do you believe they had jurisdiction over the matter? If the TRO was issued by a municipal courts based on a pending criminal action against you, that is whom must deal with dismissing it.
After that you say the some court summoned you to appear where you did and some, so far undefined criminal charges were dismissed (so far that is the first time you mentioned you were ever charged with anything). You don't say what the charges dismissed were.
Then you are subsequently arrested based on events from
tbe night of June 21. You don't say what charges they were for either.
While it's possible the arrest was based on a warrant not purged from the system, based on what you said it could just as easily be based on chaerges not having been filed before sept 21.
The fact you were never booked prior to oct 21, it sounds like the warrant was based on charges that had not previously been filed.
Beyond that, an arrest such as you experienced, even if based on a warrant that simply was not purged, is not usuallly a basis for a civil action on the arrestees part. The courts understand mistakes are sometimes made and they often result in the actions being forgiven. Basically as long as the arresting officer had a valid basis to act based on what information he was provided, it wouldn't allow for any action on your part.
TRO was filed by ex and in NJ the TRO is handled by the family court- in NJ when a person is requesting and granted a TRO criminal charges are often filed with it, those are handled in municipal court or superior court depending on the charges and they are handled separately from the TRO. TRO's are granted simply on the word of the person making the allegations. Shortly after the TRO is granted a FRO hearing is set and then the defendant is allowed to defend themselves. The TRO in my case was dismissed, because the allegations were proven to be unsubstantiated. The municipal charges dismissed on September 20th are the same charges filed June 21, the #'s on my arrest warrant I received last night and the dismissal document both match. I was never notified that there was a outstanding warrant at any time during any of the court preceding's. How is there a warrant out for my arrest and no one notifies me even after I appear in court twice for the charges associated with the warrant? The charges are dismissed and then I am subsequently arrested. Then once I provide proof of the dismissal I am still processed and booked and held until my bail is posted. I have never been arrested in my life before last night, So for anyone to say mistakes happen is outrageous and now I have an arrest record, mug shot and my fingerprints are in the system. I was pulled over October 21st for air fresheners hanging from my rear view mirror, I was not charged with anything or written any tickets in that matter.
Re: Arrested on a Warrant After a Case Was Dismissed
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MsAliyah
TRO was filed by ex and in NJ the TRO is handled by the family court- in NJ when a person is requesting and granted a TRO criminal charges are often filed with it, those are handled in municipal court or superior court depending on the charges and they are handled separately from the TRO. TRO's are granted simply on the word of the person making the allegations. Shortly after the TRO is granted a FRO hearing is set and then the defendant is allowed to defend themselves. The TRO in my case was dismissed, because the allegations were proven to be unsubstantiated. The municipal charges dismissed on September 20th are the same charges filed June 21, the #'s on my arrest warrant I received last night and the dismissal document both match. I was never notified that there was a outstanding warrant at any time during any of the court preceding's. How is there a warrant out for my arrest and no one notifies me even after I appear in court twice for the charges associated with the warrant? The charges are dismissed and then I am subsequently arrested. Then once I provide proof of the dismissal I am still processed and booked and held until my bail is posted. I have never been arrested in my life before last night, So for anyone to say mistakes happen is outrageous and now I have an arrest record, mug shot and my fingerprints are in the system. I was pulled over October 21st for air fresheners hanging from my rear view mirror, I was not charged with anything or written any tickets in that matter.
Criminal courts often impose TRO's in conjunction with the filing of a domestic
violence compliant. That is why I asked who issued it. It is not likely that tro would be dismissed until the criminal charges are dealt with.
Criminal charges are not filed based only on a TRO request. The prosecutor files charges and it is only upon a review of the facts at hand and determining there is a valid basis for
filing charges. An arrest warrant is issued only by the courts after being presented probable cause in the request for the warrant.
Have you checked the court docket records to be certain the warrant was issued on jun 21? . Regardless, you were given notice of the warrant when you were arrested. That is when most people discover there is a warrant for
their arrest.
whether you were ticketed or charged when pulled over is irrelevant as long as the cop had reasonable suspicion of a crime. That gives them a legal basis to stop you. I suspect the stuff hanging from your mirror constituted a crime (obstructed view is often the issue caused)
Re: Arrested on a Warrant After a Case Was Dismissed
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jk
Criminal courts often impose TRO's in conjunction with the filing of a domestic
violence compliant. That is why I asked who issued it. It is not likely that tro would be dismissed until the criminal charges are dealt with. TRO are dismissed or made final during a final FRO hearing regardless of the criminal charges pending. Criminal charges are not filed based only on a TRO request. The prosecutor files charges and it is only upon a review of the facts at hand and determining there is a valid basis for
filing charges. Actually the TRO and the arrest warrant was issued the same day, June 21st. An arrest warrant is issued only by the courts after being presented probable cause in the request for the warrant. If this is what you believe should have happened I agree but this is not what happened in my case. Have you checked the court docket records to be certain the warrant was issued on jun 21? . Yes I have and it was. Regardless, you were given notice of the warrant when you were arrested. I was arrested and notified of the warrant after the charges were dismissed on September 20th, I would think I should have been given notice by the sheriff whom initially served me with the TRO or my the NJ Family Court judge who heard the case regarding the TRO or by the judge who dismissed the charges. That is when most people discover there is a warrant for
their arrest. But normally I am sure they have not been to court on several different occasions prior to the notification and had the charges dismissed.
whether you were ticketed or charged when pulled over is irrelevant as long as the cop had reasonable suspicion of a crime. I only added this part because you implied that I was doing something or that there were additional charges earlier. That gives them a legal basis to stop you. I suspect the stuff hanging from your mirror constituted a crime (obstructed view is often the issue caused)
I was ok with being stopped for the objects hanging from my mirror, I have no issues with the arresting officers, they were simply doing there jobs.
Are you familiar with TRO or FRO laws in NJ? Or how it works? TRO's are issued based on one persons testimony, so they are fairly easy to obtain. FRO's are issued based on preponderance of the evidence and not based on the notion that you have to be found guilty beyond a reasonable doubt as in the case criminal charges. This is why the criminal charges in these matters are normally separated. Also an FRO can be granted and a person not be found guilty of the criminal charges and vice versa.
How is it lawful to arrest me based on a mistake made by the court system and then when presented with evidence saying the case was dismissed to continue to book me as if I am still a suspect in a crime. Its an egregious and negligent on the part of the courts and has to be in violation of my rights. I am looking for case law which supports this. Double Jeopardy does not apply because the case never went to trial. I know that the according to 18 USC 1983, municipalities can be sued.
Re: Arrested on a Warrant After a Case Was Dismissed
It is lawful to arrest you based on a mistake because the courts have said it is. It is also lawful to not accept your claimed proof as absolute. You provided it. It could be altered. They are allowed to use proof available directly from the court records. If that wasn't available at the time, they can continue with the known facts on hand.
As to my belief the issuance of a warrant must be based on probable cause;
its not my belief. It's the law. The 4th amendment;
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
i presume the warrant was issued by the municipal court and not the family court. Is that correct?
As to you suspecting people arrested not having had dealings in court and not having the warrant dealt with then; you would be incorrect. There have been people arrested for a crime, put in jail and subsequently released and an outstanding warrant the entire time for another crime not be known by the parties involved. The systems we have in place are not perfect. Crap happens.
I suspect you need to address the current matters before running off thinking you have some major civil rights claim. You may be surprised what happened is not improper at all.
If if you find it is, then go back to where I said; mistakes, as long as there is a reasonable belief the actions are correct, won't result in you having a winning ticket to the lawsuit lottery.
Read this:
http://www.state.nj.us/lps/dcj/agguide/dvpolrsp.htm
I see nothing stating an arrest warrant is automatically issued upon filing for an RO.
you can also go here and read where an arrest is required. Section 3.4
http://www.judiciary.state.nj.us/family/dvprcman.pdf
you have also said nothing about the person making a domestic violence complaint but simply filed for a restraining order.
Re: Arrested on a Warrant After a Case Was Dismissed
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jk
It is lawful to arrest you based on a mistake because the courts have said it is.
(proof please and or supporting case law thanks) It is also lawful to not accept your claimed proof as absolute. You provided it. It could be altered. They are allowed to use proof available directly from the court records. If that wasn't available at the time, they can continue with the known facts on hand.
The issue here is someone dropped the ball, so whether or not my proof is valid or invalid, the warrant and the case were attached, I am sure it is someone's job to make sure that when case are dismissed the warrants associated are removed from the system as well, we can not just say its ok bc its the court system and they have the right to make negligent mistakes regularly. Where is the accountability?
As to my belief the issuance of a warrant must be based on probable cause;
its not my belief. It's the law. The 4th amendment;
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
i presume the warrant was issued by the municipal court and not the family court. Is that correct? Yes
As to you suspecting people arrested not having had dealings in court and not having the warrant dealt with then; you would be incorrect. you have misread There have been people arrested for a crime, put in jail and subsequently released and an outstanding warrant the entire time for another crime Key word here another crime, in this instance the crimes are the same not be known by the parties involved. The systems we have in place are not perfect. Crap happens.
I suspect you need to address the current matters before running off thinking you have some major civil rights claim. You may be surprised what happened is not improper at all.
If if you find it is, then go back to where I said; mistakes, as long as there is a reasonable belief the actions are correct, won't result in you having a winning ticket to the lawsuit lottery.
Read this:
http://www.state.nj.us/lps/dcj/agguide/dvpolrsp.htm
I see nothing stating an arrest warrant is automatically issued upon filing for an RO.
I never said this I said criminal charges filed
you can also go here and read where an arrest is required. Section 3.4
http://www.judiciary.state.nj.us/family/dvprcman.pdf
you have also said nothing about the person making a domestic violence complaint but simply filed for a restraining order.
As I figured you are not familiar with TRO and FRO laws in NJ and I am unable to explain them to you at this time
Re: Arrested on a Warrant After a Case Was Dismissed
I gave you the court procedures. If you can find anything that states a warrant is issued upon application for a restraining order, have at it. Since it would be a violation of a persons civil rights to issue a warrant upon nothing more than the fact a person filed for a restraining order, ill stick with the probability you do not understand what you think you understand. The second link I gave you addresses restraining orders and the actions it involves.
As to an TRO and and fro; all
states have them. A temp order is often issued on the word of
the applicant but since the US constitution requires due process, the restrained party must be given a right to defend themselves before a permanent (or in NJ; an FRO or final restraining order) is issued. You are making a big deal about nothing there.
An arrest warrant must be based on probable cause a crime has been committed. Unless a court deems the facts behind filing for an RO very believable (as in upon the courts inquiry enough believable facts are ascertained the court determines there is probable cause to arrest the restrained party), the court is not going to issue an arrest warrant. It cannot be an automatic action based simply upon filing for a RO since an arrest without probable cause is a violation of the arrested's civil rights.
and I misread nothing regarding the fact a warrant may have been overlooked. It happens. Unless the court you are in has reviewed the case files thoroughly, the entry of a warrant being issued could be overlooked. it shouldn't but that doesn't mean it never happens.
Re: Arrested on a Warrant After a Case Was Dismissed
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jk
I gave you the court procedures. If you can find anything that states a warrant is issued upon application for a restraining order, have at it. That is my point one should not have been issued, but in this instance the warrant was issued the same day the TRO was filed and granted. Since it would be a violation of a persons civil rights to issue a warrant upon nothing more than the fact a person filed for a restraining order, ill stick with the probability you do not understand what you think you understand. The second link I gave you addresses restraining orders and the actions it involves.
As to an TRO and and fro; all
states have them. A temp order is often issued on the word of
the applicant but since the US constitution requires due process, the restrained party must be given a right to defend themselves before a permanent (or in NJ; an FRO or final restraining order) is issued. You are making a big deal about nothing there. Everybody has the right to file for a TRO, the TRO was thrown out and the FRO was never grantedAn arrest warrant must be based on probable cause a crime has been committed. Unless a court deems the facts behind filing for an RO very believable (as in upon the courts inquiry enough believable facts are ascertained the court determines there is probable cause to arrest the restrained party), the court is not going to issue an arrest warrant. It cannot be an automatic action based simply upon filing for a RO since an arrest without probable cause is a violation of the arrested's civil rights. So here is a little backstory I have had a restraining order on this individual for over a year and this person went to the courts and filed a TRO because the criminal trial for the violation of the FRO I currently have in place was coming up. The person violated the FRO on 4 separate occasions and it took the police 3 weeks to issue the warrant for the first violation and by this time I had 4 pending charges, one for a text message sent to my sister threatening me and 3 for throwing bricks through my windows on the first floor of my home. After the first brick was thrown I installed a surveillance system and the last 2 brick instances were caught on video. The initial threat was made on April 1st, the first brick was thrown April 5th and the second April 29th and the last April 30th. The warrant for this person arrest wasn't issued until May 3rd. This warrant was for the initial charge only, I had to call and tell them to hold him because of the 3 other charges pending and he was still released on bail the next day. Now trial is pending and because this person is out on bail they now are able to go to the police station and lie. This person goes to the police department on June 21st and states I followed them home June 20th and was swinging a miniature baseball bat saying "if you bust my windows again I am going to kill you."- A TRO was granted, we go to court I am able to produce my timesheets showing I was at work at the time, I also have a GPS tracker on my phone, so that if by chance something happens to me my mom would be able to figure out my last location without waiting for the police to find me. My GPS pings my location every 10 minutes and uploads it to a separate data base. It shows I was no where near this persons home. So there was no way I could be where this person said I was. I go to court and present my defense and the TRO was thrown out and no FRO Granted. At this point I believe this is done. Fast forward the trial for this person comes up, right before trial they plead guilty to 2 of the 4 charges get a year probation and a 250 fine. I am not happy and express this to the prosecutor but ultimately its their decision. 2 weeks later I get a notice in the mail to appear in Orange Municipal Court, I get the notice on Friday and court is on Tuesday. I am being charged with simple assault. The initial charges were making a terroristic threat but they were downgraded. I advise the judge of the same story I just reiterated here and they advise me to bring the paperwork showing the TRO was dismissed. The person who filed the charges never showed up as well. So I go back to court September 20th and show the judged the paperwork from the TRO dismissal, she advises me that the case will be dismissed. They give me a pink paper showing the dismissal. Now fast-forward to this Friday I am driving home from the mall and I get pulled over and I am arrested on a warrant that was apparently issued almost 4 months ago of which I have no knowledge of. I am handcuffed, finger printed, my mugshot taken and transported from one jail to the next. I get to the secondary jail in the township where the warrant was issued and I am in the same building where the courtroom is located and the case was dismissed, the officers now have the pink paper showing the charges are dismissed and they continue with the process anyway and I have to post bail to be released. So after going through all of this with the court system I still get arrested. I now have an arrest record and fingerprints on file with a mug shot because of someone's error.
and I misread nothing regarding the fact a warrant may have been overlooked. It happens. Unless the court you are in has reviewed the case files thoroughly, the entry of a warrant being issued could be overlooked. it shouldn't but that doesn't mean it never happens.
I have never been arrested in my life, I am not a criminal, I am a tax paying law abiding citizen. so although warrants get overlooked all the time, this does not make it right for myself or anyone else this has happened to. To be arrested and booked and you did absolutely nothing and you have already cleared your name is ludicrous.