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  1. #1
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    Oct 2016
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    Default 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

  2. #2
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    Default 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.

  3. #3
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    Oct 2016
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    Default Re: Arrested on a Warrant After a Case Was Dismissed

    Quote Quoting jk
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    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.

  4. #4
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    Default Re: Arrested on a Warrant After a Case Was Dismissed

    Quote Quoting MsAliyah
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    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)

  5. #5
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    Default Re: Arrested on a Warrant After a Case Was Dismissed

    Quote Quoting jk
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    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.

  6. #6
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    Default 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.

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