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  1. #11
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    Sep 2005
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting Daniel Palos
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    I am not sure I understand your point of view. No jury proclaimed my guilt. That means, an innocent person suffered economic and property damage and would like to be, "made whole".
    There is no provision in the law for you to be "made whole" by virtues of being acquitted in a court of law, or if the case was dropped for whatever reason. If there was some form of egregious conduct committed by someone, you can hire an attorney to sue them. But, reasonable belief to believe someone committed an offense is not at all likely to rise to such a level.

    Oh, and being acquitted or not prosecuted does not mean you are innocent, it merely means that the prosecutor failed to meet the burden of proof or dropped the matter because they did not believe they could meet their burden. Legally speaking. Sexual assault and child abuse cases are notoriously dropped for reasons that have nothing to do with belief of guilt, and everything to do with the ability to prove the case.
    **********
    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

  2. #12
    Join Date
    Dec 2019
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    24

    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting cdwjava
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    There is no provision in the law for you to be "made whole" by virtues of being acquitted in a court of law, or if the case was dropped for whatever reason. If there was some form of egregious conduct committed by someone, you can hire an attorney to sue them. But, reasonable belief to believe someone committed an offense is not at all likely to rise to such a level.

    Oh, and being acquitted or not prosecuted does not mean you are innocent, it merely means that the prosecutor failed to meet the burden of proof or dropped the matter because they did not believe they could meet their burden. Legally speaking. Sexual assault and child abuse cases are notoriously dropped for reasons that have nothing to do with belief of guilt, and everything to do with the ability to prove the case.
    I am not sure what you mean. Are you claiming the police can arrest someone and destroy their property, and not have to reimburse the person if their case is dismissed in the interest of Justice not your personal politics?

  3. #13
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    Jul 2010
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting Daniel Palos
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    I am not sure what you mean. Are you claiming the police can arrest someone and destroy their property, and not have to reimburse the person if their case is dismissed in the interest of Justice not your personal politics?
    If the person does not have damages, no they do not have to reimburse the arrested absent a law that says they do. Destroyed property may be subject to reimbursement but would hang on the full facts of the case. That's as plain english as we can make it for ya.

  4. #14
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    Dec 2019
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting free9man
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    If the person does not have damages, no they do not have to reimburse the arrested absent a law that says they do. Destroyed property may be subject to reimbursement but would hang on the full facts of the case. That's as plain english as we can make it for ya.
    In this case there were economic and property damages. A claim has already been made with the State claims branch which has apparently been denied without cause.

  5. #15
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting Daniel Palos
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    In this case there were economic and property damages. A claim has already been made with the State claims branch which has apparently been denied without cause.
    Then you sue. Absent egregious conduct, you can expect to either lose or be given go away money. What economic and property damages did you suffer?

  6. #16
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    Dec 2019
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting free9man
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    Then you sue. Absent egregious conduct, you can expect to either lose or be given go away money. What economic and property damages did you suffer?
    a crop i had under cultivation and the grow shelter. along with economic damages as a result.

    How do i sue with no money?

  7. #17
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    Jul 2010
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting Daniel Palos
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    a crop i had under cultivation and the grow shelter. along with economic damages as a result.
    What economic damages, the proceeds of your pot crop? A court is highly unlikely to give you anything for that. I'm guessing that's why the government agency denied your claim.

    Quote Quoting Daniel Palos
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    How do i sue with no money?
    That's the fun of our court system. No money, no suit. You can try to find an attorney to represent you pro bono. Otherwise, you are SOL.

  8. #18
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    Dec 2019
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justic

    Quote Quoting free9man
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    What economic damages, the proceeds of your pot crop? A court is highly unlikely to give you anything for that. I'm guessing that's why the government agency denied your claim.


    That's the fun of our court system. No money, no suit. You can try to find an attorney to represent you pro bono. Otherwise, you are SOL.
    I had a valid pot recommendation at the time. I was doing nothing illegal. The Court proved it by dismissing the Case in the Interest of Justice not Politics.

    And, it is another reason for insisting on equal protection of the law for unemployment compensation, to be able to save up for an attorney.

    Where do you find "surgeons at law when a doctor at law may not be enough?"

    Can I file a general civil suit pro se, for free with the appropriate Court?

  9. #19
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest

    Quote Quoting Daniel Palos
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    I had a valid pot recommendation at the time. I was doing nothing illegal. The Court proved it by dismissing the Case in the Interest of Justice not Politics.
    The fact that the matter was dropped does NOT mean you were "innocent." Even so, so long as the police and the prosecutor's office had probable cause to make the arrest and pursue the legal action, they are generally going to be immune from any claims regarding their otherwise reasonable actions.

    You can always try and sue pro se, but, you will be held to much the same standard as an attorney and it can be a long and tedious process for a case that you likely stand little chance of winning. But, it's your time and money to waste.
    **********
    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

  10. #20
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    California
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    Default Re: How to "Be Made Whole" After the Dismissal of an Arrest in the Interest

    Quote Quoting Daniel Palos
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    In this case it is. The jury was hung six to six in the original case. I had to come up with a Writ for the district attorney to ask for a dismissal in the interest of justice.

    I prefer to win my arguments.
    Once again, a "dismissal" does not legally mean "innocent."
    **********
    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

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