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  1. #1
    Join Date
    Dec 2019
    Posts
    24

    Default How to "Be Made Whole" After the Dismissal of an Arrest in the Interest of Justice

    My question involves civil rights in the State of: California.

    How can I be "made Whole" after the dismissal of an arrest in the interest of justice, which resulted in economic and property losses?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,004

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

    It depends on the totality of the circumstances which we don't have. If you have used your real name as your username, I would counsel you not to share them. You would be better served consulting a few attorneys to see if you have any grounds for legal action as a result of whatever happened.

    The truth is you will never really be "whole" again. It's highly unlikely, absent egregious conduct by law enforcement or the prosecutor, that you will ever recover any and all losses that may have occurred. Then there are the mental losses from stress, etc... dealing with the issue.

    Note that a dismissal in the interest of justice doesn't necessarily mean there was a problem with how the case was handled. It can be something as simple as "Yeah, he broke the law but it's not worth going to trial".

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

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

    Free9man: remove the space between the first and last name, reduce to all lower case and check the post hx.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,004

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

    Quote Quoting cbg
    View Post
    Free9man: remove the space between the first and last name, reduce to all lower case and check the post hx.
    I thought the name looked familar and was wondering why it was the first post.

    I haven't gone through all of it but nothing looks germane to the inquiry, unless it's just a general hypothetical. It's also a pretty old poster.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

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

    ...with a pretty weird reputation. He has one agenda and no matter how far removed it may seem now, that agenda will rear its head eventually.

    Proceed at your own peril.

    I am now going out to buy the popcorn.

  6. #6
    Join Date
    Jul 2010
    Posts
    8,004

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

    Quote Quoting cbg
    View Post
    I am now going out to buy the popcorn.
    Oh, I remember him well. Just been going back through the px hx so I could use some popcorn too. Maybe a cold drink.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

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

    You're on. You like butter and salt on yours or just plain? What do you want to drink?

  8. #8
    Join Date
    Jul 2018
    Posts
    2,730

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

    Why do you explain what "dismissal of arrest" means and tell us a bit about what happened?

  9. #9
    Join Date
    Sep 2010
    Posts
    19,889

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

    Just because you are found innocent doesn't entitle you to damages. Damages only result when there was some egregious failure in the arrest process, such as a total lack of probable cause. Arrests pursuant to a warrant almost never qualify unless there is intentionally false statements made to support the application.

  10. #10
    Join Date
    Dec 2019
    Posts
    24

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

    Quote Quoting free9man
    View Post
    It depends on the totality of the circumstances which we don't have. If you have used your real name as your username, I would counsel you not to share them. You would be better served consulting a few attorneys to see if you have any grounds for legal action as a result of whatever happened.

    The truth is you will never really be "whole" again. It's highly unlikely, absent egregious conduct by law enforcement or the prosecutor, that you will ever recover any and all losses that may have occurred. Then there are the mental losses from stress, etc... dealing with the issue.

    Note that a dismissal in the interest of justice doesn't necessarily mean there was a problem with how the case was handled. It can be something as simple as "Yeah, he broke the law but it's not worth going to trial".
    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".

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