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  1. #1
    Join Date
    Jul 2011
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    Question Arrested Due to Error by the Court or Prosecutor

    My question involves injury or loss that occurred in the state of: Florida

    My son was arrested on a warrant issued in error.
    He was assigned 62 hours community service for driving a car without a current registration. He worked 63 hours and turned in the document on time and correctly. A few weeks later police showed up at my house with a warrant for his arrest; the warrant stated he was in violation of his parole. He was arrested and I bailed him out. We called the attorney and he called the DA, who admitted it was a mistake and is returning the bail and closing the case.
    Does he have a case? I feel he was arrested due to negligence of the Court or DA.

  2. #2
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    Feb 2010
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    Default Re: Arrested Due to Error by the Court or Prosecutor

    if it was an honest error then I dont think you have a case. I would send the judge who issued the warrant a nice letter though.

  3. #3
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    Default Re: Arrested Due to Error by the Court or Prosecutor

    Did you bail him out the same day or did he sit in jail for 5 years before bail was made?

    I don't see a lawsuit.

  4. #4
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    LA LA Land
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    Default Re: Arrested Due to Error by the Court or Prosecutor

    Quote Quoting BradL
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    the warrant stated he was in violation of his parole.
    Wait... He was on "parole" for driving an unregistered car???

  5. #5
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    Default Re: Arrested Due to Error by the Court or Prosecutor

    I took it as he was on parole from a criminal incident and violated his parole by driving an unregistered vehicle.

  6. #6
    Join Date
    Jul 2011
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    3

    Default Re: Arrested Due to Error by the Court or Prosecutor

    Thank you for your answers and help.
    The facts are simple, he was arrested in Sarasota on a warrant issued due to a math error by the Clerk of Courts in Port Charlotte.
    He was not on parole, he was given community service for driving a car that was not registered. When ticketed, he did not have a job (he is in college), so the judge gave him 62 hours of community service. He did the community service and was then arrested in error because the Clerk made an error of addition and thought he owed another 7 hours.
    I bailed him out that night, and since then the DA has refunded the bail.

    The warrant said parole, he was assigned community service in lieu of paying a fine, there is/was no criminal charge.

    am i reading you correctly in as much as you are saying that an arrest made due to negligence (an error) by the Clerk of Courts falls under "Good Faith" (United States v. Herring)?
    the arrest was made in Sarasota, but the Court that issued the warrant in error was in Charlotte. I assumed he would have a case not against the arresting officers but the Court since he was incarcerated due to negligence.
    Certainly his reputation has been harmed as a picture of him was posted online stating he was arrested for Parole Violation; as an ROTC cadet and future Naval Officer that causes harm. Even though it was in error it was posted online and once on the net it never dies.

  7. #7
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    Sep 2005
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    Default Re: Arrested Due to Error by the Court or Prosecutor

    From what you have told us, the arresting officers were fulfilling their duties and were acting in good faith reliance on the warrant. You don't get to sue officers for doing their job properly, even if they would have declined to arrest had the warrant not been erroneously entered by a clerk in a different county.

    A simple math error or typo won't support a lawsuit against the clerk.

  8. #8
    Join Date
    Jul 2011
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    3

    Default Re: Arrested Due to Error by the Court or Prosecutor

    Thank you and that is correct - what I am asking is, does he have a case against the negligent Clerk of Courts who filed the paperwork in error?

  9. #9
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    CT & IL
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    Default Re: Arrested Due to Error by the Court or Prosecutor

    Quote Quoting BradL
    View Post
    Thank you and that is correct - what I am asking is, does he have a case against the negligent Clerk of Courts who filed the paperwork in error?
    Not unless you can prove it was a willful and wanton act as opposed to not doing the math right..

  10. #10
    Join Date
    Jan 2012
    Posts
    26

    Default Re: Arrested Due to Error by the Court or Prosecutor

    If your son was arrested due to a clerical error, and the DA's office further avers by admission, then obviously you have a case.

    Did you receive advance notice of the issuance of said warrant? Usually the court or DA's office will mail you a notice.

    Are you sure the warrant was just issued for (erroneously presumed) unsatisfactory community service? Were there any other conditions to the plea agreement that were dishonored that would establish grounds for arrest?

    For how long was he kept in custody?

    Did he miss work/school or endure any major inconveniences due to his arrest and incarceration?

    If he was arrested strictly in error, and all conditions of his quasi-parole were satisfied, then you will file a civil action against "State of Florida, et al." as the entitled Defendant for false arrest, unlawful detention, defamation of character, and monetary damages for any losses sustained as a direct and proximate result of the foregoing.

    This is a complex endeavor, seek appropriate legal counsel.

    Good luck!

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