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  1. #31
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,237

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

    I'm trying to politely tell you that there's no need for any further discussion since you clearly don't believe a word we're telling you.

  2. #32
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,522

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

    Quote Quoting Shesmiles123
    View Post
    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.
    That does not mean that the arrest was not subsequent to an arrest warrant. If not with a warrant and based solely on the alleged victim's complaint, then that's pretty sloppy police work since once the arrest occurred, the prosecution would be under a clock to make a case and prosecutors hate to be constrained like that. Of course, in such instances what they often do is not file (aka nolle pros) and come back later when they have more evidence.

    No miranda nothing. Handcuffed and put in cruiser.
    90% of arrests never require Miranda.

    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.
    Then a warrant was likely sought and obtained. Or, this was a glacially slow investigation and review by the prosecutor.

    My life destroyed personally and professionally. The Company refused to respond to calls and subpoenas by the DA and my lawyer.
    Sounds like a reason to consult attorneys to review the possibility of a lawsuit against that former employer.

    Quote Quoting Shesmiles123
    View Post
    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???
    No one can say for sure. Maybe. Maybe not. Or, the info they got from the credit card company indicated some connection, responsibility or ownership by the employer. We can't say.

    On the other hand, perhaps the DA would not sign off on a search warrant, or a judge would not issue one. We can only speculate. But, I can tell you that for a combination of legal and procedural reasons, there are times that a warrant cannot (or WILL not) be issued.
    **********
    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. #33
    Join Date
    Dec 2017
    Posts
    12

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

    Actually my attorney did walk in and provide letters from said CC company on two separate occassions. The DA wanted to validate it and as my Attorney said I was not a priority. I had waived my right to speedy trial and went to at least 6 pretrials and each time DA requested more time. Then they offered me the PTI AT END OF May and a PTI FOLLOW UP WAS SCHEDULED for August then September then October. The offer never materialized in writing until October and I refused. We filed the C4 motion and it was delayed as DA assigned was leaving in a month vacation. It was rescheduled then 5 days before the hearing my lawyer called and said the DA felt bad and wax going to do the nolle prosse. My lawyer was just a nice guy not the asshole I needed I almost fired him but I got a second opinion because my lawyer was pushing at one point the PTI, which I was never going to do and he knew that but he tried to convince me if he could get it with no restitution it would result in the dismisssl. The second opinion told me that my attorneys recommendation was the safest option that trials are crapshoots and innocent people get convicted everyday. That did not deter me still and told him I wanted the C4 dismissal and he did it seeing I was not going to admit guilt to get that dismissal. I was never arraigned I was bailed out almost immediately.

  4. #34
    Join Date
    Nov 2013
    Posts
    6,699

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

    After reading through the thread, one think is still not clear. Was there a warrant for arrest issued or not?

    Several items that I will point out is how did the police know what places to check for video surveillance footage of you using the card? They obviously didn't go to every gas station, hotel/motel/restaurant between point A and point B. So they must have obtained a copy of your CC statement. That would suggest a warrant was issued to get the statement or HR provided a list of charges that you had put in for reimbursement.

    The company refused to cooperate because they knew that the Director of HR placed them in a liability position to be sued for defamation. They are smack dab in the crosshairs. I would guess that HR didn't like some of the charges that you put in for reimbursement and took it upon his/herself to make the report. They either didn't understand that the CC was yours or they intentionally lied. Either way, the company is on the hook.

    Then there is also an issue of false arrest. That would depend on if warrants were issued, for what, and what is in the affidavits that convinced a judge to issue them.

  5. #35
    Join Date
    Dec 2017
    Posts
    12

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

    The cops had the credit card statements to go to the place of business where charges occurred. As for a warrant I am not sure. All I know is that I was blocked in at my parking lot told to get out and put in handcuffs. Interesting enough the HR Director who filed the complaint was subsequently fired but I'm not sure how soon after that happened. Am I to ask for copies of these afffidavits? The company in my mind is libel because the HR Director lied and knew that the Compsny was not libel for the charges. To this day they have not paid the CC company because as the CC Company put in writing to the DA that it was my responsibility and liability. Additionally the Company has a policy stating they are not responsible or liable for any personal charges, so the HR Director and Company knew this and still proceeded to pursue a complaint in my opinion to slander, defame me and ruin my life personally, professionally and financially.Thank you

  6. #36
    Join Date
    Feb 2008
    Posts
    1,157

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in Employee's Arr

    Wait... if the statements came to you and it was your personal account , who else had access and gave them copies of the statements? One more thing that makes me believe this was not 100% a personal account.

    Being not liable or responsible generally means the employee is not allowed personal charges on the same CC. And protects the employer in case employee does personal charges on the card. But it doesnít mean that they should put personal charges on the card. You made a mistake in thinking you could mix the two is what it sounds like to me.

  7. #37
    Join Date
    Dec 2017
    Posts
    12

    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in Employee's Arr

    I'm guessing they got it from the cc company. The fact that they were not liable and I was, and they knowingly filed a false police report. Nothing criminal occurred. Had the Company had liability perhaps.

  8. #38
    Join Date
    Jan 2006
    Posts
    38,867

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

    Quote Quoting Shesmiles123
    View Post
    The cops had the credit card statements to go to the place of business where charges occurred. As for a warrant I am not sure. All I know is that I was blocked in at my parking lot told to get out and put in handcuffs. Interesting enough the HR Director who filed the complaint was subsequently fired but I'm not sure how soon after that happened. Am I to ask for copies of these afffidavits? The company in my mind is libel because the HR Director lied and knew that the Compsny was not libel for the charges. To this day they have not paid the CC company because as the CC Company put in writing to the DA that it was my responsibility and liability. Additionally the Company has a policy stating they are not responsible or liable for any personal charges, so the HR Director and Company knew this and still proceeded to pursue a complaint in my opinion to slander, defame me and ruin my life personally, professionally and financially.Thank you
    Where did the cops get the credit card statements?

    and you were never arraigned? I presume this was a felony. If so, then you were never formally. Any talk of PTI was way premature.

  9. #39
    Join Date
    Dec 2017
    Posts
    12

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

    I am not sure what arraigned means. I was arrested and bonded out immediately. Bail was set before I even got to jail. The cops must have got them from CC company. They investigated for 8 months I am assuming from date of complaint to my arrest. I was arrested in October. Arraigned in December. I did not attend my lawyer did. Had 7 pre trials then in May following year PTI in court and PTI Status check was set for August. I declined and 2 more Pre trials were set as the DA kept asking and getting delays. I declined PTI and asked my lawyer to submit C4 dismissal. Another hearing was set for November C4 was set then delayed by DA. Reset was this month on 11th. DA met with my lawyer and told him that he felt bad and was going to try to dismiss before our C4. Week went by and the Friday before the Monday C4 DA submitted NOLLE PROSEQUI in court and I got my nolle prosse before the C4 hearing.

  10. #40
    Join Date
    Jan 2006
    Posts
    38,867

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

    Ok so now the cops got the statements for your account from the credit card company. Where did they get the account number? Obviously since the account doesn’t have any connection to your employer there would be no reason for your employer to have any information regarding the account, including the account numbers.

    So now they may have contacted the credit card company, with an account number for your personal account, and obviously the subpoena (when the heck and who obtained a subpoena) would have to have been for your account with your name on it, and not the company’s, and obtained your account statements.

    An arraignent is where you stand in front of s judge while he reads off the charges filed against you and asks you how you plead to those charges. They will often ask if you have an attorney, are he requesting a public defender, or obtaining your own legal counsel.

    Oh, and yes you would attend an arraignment. It’s kind of necessary. Even people like Justin Bieber, Lindsey Lohan, and Michael Jackson attended their arraignments.

    And there is no reason to have any court hearings, including a probable cause hearing which is where the prosecutor makes their initial argument that they do already have enough evidence to have filed charges against the defendant, before an arraignment. Until you are formally charged, the entire process, as far as the courts are involved, is non-existent (short of the possibility of the prosecutor seeking a warrant or subpoena). There would be no hearings for you to attend.

    Basically what all that typing is meant to suggest is;

    its obvious you really know almost nothing about how you got to where you were and are today. Until you do become knowledgeable about that journey, speaking of false arrest or defamation is way premature. The entire process may be entirely proper giving you no right to take any action. The only way you will ever know is hire an attorney to review the matter and advise you.

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