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  1. #21
    Join Date
    Jan 2006
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    38,867

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting Shesmiles123
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    My error, it was just dismissed as Nolle Prosse. My wording was incorrect. It was NOT without prejudice. Police sought the charges based on complaint and video surveillance nothing else. I blame the company for lying and the cops for not checking with the credit card company to validate ownership.
    The police do not “seek charges” per se. They forward the evidence and reports to the prosecutor who determines whether to file charges. If you were arrested beyond that point it would be because the prosecutor did file charges and sought a warrant for your arrest, which was apparently granted.

    As cdwjava stated, the police may not have been able to obtain the information to exonerate you. As such they take what they have and turn it over to the prosecutor. If the prosecutor sought the info the info and was informed it was a personal account and failed to prosecute the charges, then the system worked.

    So, were you interviewed by the police prior to your arrest? If so did you inform them it is a personal account? Was that included in their report (at least as a claim by you)?

    So what sort of timeframe are you speaking of here?
    how long after you resigned were you arrested? When was the complaint by your former employer filed? When was the nolle prosequi entered?

  2. #22
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,485

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting Shesmiles123
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    You would think they would have gotten the search warrant before just arresting someone based on the complaint.
    I suspect the police sought an arrest warrant before arresting you on the matter. If they arrested you based upon probable cause and based solely on the complaint, that would be very unusual in my experience.

    And the victim does not make a decision on prosecution, that decision belongs to the DA. Typically, if the victim does not want to pursue the matter, the DA will not prosecute, but, that's not a guarantee. However, it seems that in your case, the DA chose not to pursue it - perhaps because of the employer/complainant choosing not to pursue it.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #23
    Join Date
    Dec 2017
    Posts
    12

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Actually they dropped it because the Company was not liable, I was personally responsible for all charges and was only reimbursed for work related expenses. The company knew they were NOT liable ( there was a policy specifying our acknowledgment of that fact) yet lied and falsely accused me of stealing a card that was mine and always in my possession after it was sent to me

  4. #24
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,208

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    When you contacted a local attorney and described what happened to him, what options did he tell you you had?

  5. #25
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,485

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting Shesmiles123
    View Post
    Actually they dropped it because the Company was not liable, I was personally responsible for all charges and was only reimbursed for work related expenses. The company knew they were NOT liable ( there was a policy specifying our acknowledgment of that fact) yet lied and falsely accused me of stealing a card that was mine and always in my possession after it was sent to me
    Six of one, half a dozen of the other. The DA decided they could not make a case - for whatever reason - and did not file the charges.

    If you feel that you have sufficient evidence of wrongdoing by the former employer, consult local attorneys and see how much such a lawsuit might cost, and, if they might consider such a suit on contingency. If they want money up front (likely in the neighborhood of $25,000+) your case is not as strong as you might think.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #26
    Join Date
    Dec 2017
    Posts
    12

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Ok I was not interviewed prior to my arrest or there after. I was not read my Miranda rights. I was followed and had my car blocked by the detective where he told me to get out of my car that I was under arrest for stealing my former employers credit card. No miranda nothing. Handcuffed and put in cruiser. Their report said I was read my rights and admitted the charge, which was s lie I never admitted anything. I was arrested 8 months after leaving. The complaint was made 8 months before my arrest. The nolle prosse was entered last Friday. They originally tried to get me to do Pre Trial Diversion without restitution but I refused despite the outcome of dismissal if I completed. I refused because I knew it was my card, I knew the company lied. I knew the Company was retaliated because I was very vocal in my resignation of my experience of being racially discriminated against, unpaid overtime ect. I knew there was a policy that stated the Company unequivocally was not libel for this card. I asked my lawyer to file a C4 dismissal which he did on 12/5 and 14 months after my arrest my lawyer called me said the prosecutor felt bad and was going to nolle prosse. My life destroyed personally and professionally. The Company refused to respond to calls and subpoenas by the DA and my lawyer.

  7. #27
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    The Failure to read your Miranda rights is irrelevent unless the prosecutor wanted to use post arrest statements against you in court.

    so in the 6 months since your arrest your attorney never walked into the prosecutors office with documents showing the account was your personal account?

    your attorney didn’t motion to dismiss the charges any time since your arrest based on no evidence to support the charges?

    What happened at the arraignment when your attorney told the court there was an error and the account involved was a personal account? What did the judge say?

    i think I would be more upset about that than anything else.

  8. #28
    Join Date
    Dec 2017
    Posts
    12

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Actually I have not consulted a local lawyer yet. My case dismissed this past Friday. My criminal lawyer told me he felt I had a case and gave me the name of someone but I'm looking also, it's only been a week

  9. #29
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,208

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Well, when you win your case come back and tell us all about it.

  10. #30
    Join Date
    Dec 2017
    Posts
    12

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Also are you saying that the police could not with their 'probable cause' obtained a search warrant and not contacted the credit card company to validate liability and ownership prior to having that judge sign that arrest warrant 8 months later???

    CBG are you being funny or just mean?

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