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  1. #1
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    Default Is There Compensation for Time Spent Unecessarily Incarcerated

    My question involves criminal law for the state of: California
    I was arrested and incarcerated for resisting arrest after i refused to pay for a bill that was not mine at a restaurant. I spent about 8 hours in jail then released on a promise to appear. I then went to court first for arraingment then a second court for pre trial. However the day before my pretrial I called the court appointed attorney and fired her. The following day I went in to court and the judge said my charges were dismissed and I was free to go.

    My question is is there some way to be compensated for my unrightful time spent in jail and in and out of court?

  2. #2
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    What was "unrightful" about your period of detention? Just because your charge was dismissed doesn't mean the police weren't justified in arresting and detaining you pending a bail hearing.

  3. #3
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    Quote Quoting Mr. Knowitall
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    What was "unrightful" about your period of detention? Just because your charge was dismissed doesn't mean the police weren't justified in arresting and detaining you pending a bail hearing.
    Its unconstitutional to arrest without an oath of affirmation and a warrant. How were they justified when they make an arrest without no evidence that i commited a crime. Are you saying that police can just go around arresting people without there being a crime anf hold them as they detain them as they please? So its ok for an officer to that but if its a citizen doing that then its called kidnapping!

  4. #4
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    I believe you are misunderstanding your constitutional rights and how they may or may not apply in your situation.

    (Really, do you seriously believe that the police cannot arrest someone without having a warrant in their hands? Imagine having to run to a Judge during the commission of a murder because you don't have a warrant!)

  5. #5
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    Quote Quoting cobra01
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    Its unconstitutional to arrest without an oath of affirmation and a warrant. How were they justified when they make an arrest without no evidence that i commited a crime. Are you saying that police can just go around arresting people without there being a crime anf hold them as they detain them as they please? So its ok for an officer to that but if its a citizen doing that then its called kidnapping!
    I presume somebody at the restaurant filed the complaint that the police acted on. The police didn't just pick you because nobody filed a complaint against you did they?

  6. #6
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    Quote Quoting jk
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    I presume somebody at the restaurant filed the complaint that the police acted on. The police didn't just pick you because nobody filed a complaint against you did they?
    The problem was that the people responsible (that didnt pay their bill) were talking to us when they sat at their tables. We never refused to pay our bill. We payed for what we ordered. and left it on the table with the check and tip. They picked me up because the manager of the restaurant was going to call the police and report my car. Thats why I stayed to clear things up because I had nothing to hide and had no reason to take off. Especially if it was going to bring more problems. The officer took it upon himself to make the decision and told me to pay for the other bill or he was going to take me to jail! nothing was ever filed. I spent the night in jail and missed work all because of the officers arbitrary discretion!

  7. #7
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    Quote Quoting cobra01
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    Its unconstitutional to arrest without an oath of affirmation and a warrant.
    That is legally incorrect.

    Since you were arrested for resisting arrest, you committed a misdemeanor in the officer's presence and an arrest was permitted under PC 836.

    How were they justified when they make an arrest without no evidence that i commited a crime.
    I assume that they had a statement from someone at the eatery that you had consumed their food and refused to pay. That's a misdemeanor in CA. That gives them the right to arrest or cite you if someone wishes it to be so.

    And if detained while they are investigating, you have no legal right to resist said detention, either.

    Are you saying that police can just go around arresting people without there being a crime anf hold them as they detain them as they please? So its ok for an officer to that but if its a citizen doing that then its called kidnapping!
    You ate food and did not pay ... that's a crime. Apparently the officer(s) felt that holding on to you was appropriate under the circumstances. Yes, they are allowed to use reasonable force during a detention or an arrest.

    Quote Quoting cobra01
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    The problem was that the people responsible (that didnt pay their bill) were talking to us when they sat at their tables. We never refused to pay our bill. We payed for what we ordered. and left it on the table with the check and tip. They picked me up because the manager of the restaurant was going to call the police and report my car. Thats why I stayed to clear things up because I had nothing to hide and had no reason to take off. Especially if it was going to bring more problems. The officer took it upon himself to make the decision and told me to pay for the other bill or he was going to take me to jail! nothing was ever filed. I spent the night in jail and missed work all because of the officers arbitrary discretion!
    Since you were arrested for resisting arrest (also known as obstructing, delaying, or resisting an officer per PC 148(a)) and NOT for the crime of defrauding an innkeeper, I suspect that you did something more than merely try to explain your position.

    Or, are you contending that you were arrested for PC 148(a) because you refused to pay the bill?

    What you should have done was to pay the whole bill and then go wring it out of the hides of your friends who managed to dash off and leave you holding the bag.

  8. #8
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    Quote Quoting Dogmatique
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    I believe you are misunderstanding your constitutional rights and how they may or may not apply in your situation.

    (Really, do you seriously believe that the police cannot arrest someone without having a warrant in their hands? Imagine having to run to a Judge during the commission of a murder because you don't have a warrant!)
    A murder has extenuating circumstances, come on, a murder is an extremely more delicate and serious case! and in a murder there is an injured party, which means there was a crime commited. I did not hurt anybody or steal from anybody so how can that be called justice? Police are suppose to be preventing crime, but now a days they instill fear into society! We no longer have to only watch out for rapist and murderers but police now too?

    [QUOTE=cdwjava;491991]That is legally incorrect.

    Since you were arrested for resisting arrest, you committed a misdemeanor in the officer's presence and an arrest was permitted under PC 836.


    I assume that they had a statement from someone at the eatery that you had consumed their food and refused to pay. That's a misdemeanor in CA. That gives them the right to arrest or cite you if someone wishes it to be so.

    And if detained while they are investigating, you have no legal right to resist said detention, either.


    You ate food and did not pay ... that's a crime. Apparently the officer(s) felt that holding on to you was appropriate under the circumstances. Yes, they are allowed to use reasonable force during a detention or an arrest.


    Since you were arrested for resisting arrest (also known as obstructing, delaying, or resisting an officer per PC 148(a)) and NOT for the crime of defrauding an innkeeper, I suspect that you did something more than merely try to explain your position.

    Or, are you contending that you were arrested for PC 148(a) because you refused to pay the bill?

    What you should have done was to pay the whole bill and then go wring it out of the hides of your friends who managed to dash off and leave you holding the bag.[/QUOTE

    The problem here was for one I never ate/ordered any food at the restaurant. And the people that dashed were not with us.
    The officer told me to go speak to my friends (that were in my car waiting and they had paid for what they had ordered) and figure out how to pay for the bill. As I turned around to head to the car both officers jumped on me and cuffed me. I never resisted or argued. At that I point i stayed quiet. I didnt resist because I know that it will just make things worse and then they will have a justified reason to press charges!

  9. #9
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    Quote Quoting cobra01
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    A murder has extenuating circumstances, come on, a murder is an extremely more delicate and serious case!
    And subject to the same laws as lesser offenses such as yours.

    and in a murder there is an injured party, which means there was a crime commited.
    A crime is also committed by an act or omission in violation of a statute for which there exists a penalty.

    In CA the exact definition is found in PC 15:

    A crime or public offense is an act committed or omitted in violation of a law that carries, upon conviction, any of the following punishments: death, imprisonment, fine, removal from office, or disqualification to hold and enjoy any office of honor or profit in this state.

    I did not hurt anybody or steal from anybody so how can that be called justice?
    Apparently you were accused of a dine-and-dash. The police were investigating, and the business rep. had the authority to place you under a private person's arrest and the officer(s) would be legally obligated to accept it.

    If you also resisted the officers in some way, then that's your bad.

    Police are suppose to be preventing crime, but now a days they instill fear into society! We no longer have to only watch out for rapist and murderers but police now too?
    The police would love to prevent crime. Unfortunately, there are too few of them. So, more often than not, they are responding to reports of other crimes. Much of the time these other crimes are lesser affairs such as yours.

    Now, all that being said, you are certainly free to hire an attorney and attempt to sue the police, the restaurant, or whomever you wish to try and get some compensation. Be prepared for attorneys to turn you down or ask for a lot of money up front, however, because even the attorneys know that all that is required for an arrest is the probable cause to believe a crime has been committed and that the person arrested has committed the crime. This is a pretty low standard to meet. And if you were booked into the jail, then a judge read and signed off on the officer's probable cause declaration, so that was the first hurdle passed.

    Quote Quoting cobra01
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    The problem here was for one I never ate/ordered any food at the restaurant. And the people that dashed were not with us.
    So, they were strangers sitting at the same table?

    The officer told me to go speak to my friends (that were in my car waiting and they had paid for what they had ordered) and figure out how to pay for the bill. As I turned around to head to the car both officers jumped on me and cuffed me. I never resisted or argued. At that I point i stayed quiet. I didnt resist because I know that it will just make things worse and then they will have a justified reason to press charges!
    Then if you feel the arrest or the force used was unjustified, you make a personnel complaint to the agency and start interviewing attorneys to see if they will take on your case. If they agree to take your case on a contingency fee basis, you may have something worth a couple of bucks (at least for the attorney). If they ask for a few thousand dollars up front, take that as a clue that your case may not be so good.

  10. #10
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    Default Re: Is There Compensation for Time Spent Unecessarily Incarcerated

    Quote Quoting cobra01
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    My question involves criminal law for the state of: California
    I was arrested and incarcerated for resisting arrest after i refused to pay for a bill that was not mine at a restaurant. I spent about 8 hours in jail then released on a promise to appear. I then went to court first for arraingment then a second court for pre trial. However the day before my pretrial I called the court appointed attorney and fired her. The following day I went in to court and the judge said my charges were dismissed and I was free to go.

    My question is is there some way to be compensated for my unrightful time spent in jail and in and out of court?
    For 8 hours??? I hope not, otherwise our court system would be bogged down even more..

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