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  1. #11

    Default Re: Vop, Wrongful Arrest Due to Clerical Error

    cbg

    Just to clarify i'm not trying to get that from a message board. I simply ran across a message board titled "expertlaw" and figured there may be some smart people or possible attorneys that post here. This is why i've already started the process myself. I believe if you want to get something done you hit it hard and from many angles. This is why i've contacted numerous attorneys and the supervisor of probation who I believe is responsible for a VOP when they never noticed I actually chose jail instead and had already completed my sentence 7 months prior to violation and issuance of the warrant. Ive also done my DD on filing a claim and have looked into whether I file with the local DA, the probation office, or The Board of Supervisors. It appears to me as the BOS may be the route it goes around here. I thought on top of all of that I should probably post on a message board because there may be some pretty smart people on them. I'm not looking for anything more than advice here or opinion and I can filter as I see fit.

    Thank you all for your time and any response you may have given, I truly appreciate it.

  2. #12
    Join Date
    Oct 2014
    Posts
    7,628

    Default Re: Vop, Wrongful Arrest Due to Clerical Error

    Quote Quoting jason.the.stove.guy
    View Post
    So youre stating that the court can make an error, you can go to jail because of someones error and no one is held accountable?

    No one has said that. There is a remedy for it that compensates you for the actual damages you suffered. But if you have no damages then you get only $1 in nominal damages; so without actual damages you get just a symbolic victory. Either way the court can award you your attorney's fees, but that fee award may not cover all your costs. So if you suffered no significant damages had little or no financial loss from this you end up spending more money than you win and spend a lot of time on the case too. And from a practical perspective that's just not worthwhile.

    That same principle applies when suing pretty much anyone, not just the government. In our system you only get (with some exceptions not applicable here) compensated for the actual harm caused to you by the wrongful acts of others. If someone does something wrong but you suffer no damages from it, then you get nothing. Note that civil cases are very different from criminal cases, so you cannot directly compare the two. Your lawsuit against the government for damages here is a civil claim and thus its the civil rules that apply.

    I understand you think you ought to get something just from the fact that government screwed up. But that's not how it works, and you're going to have to accept that. The government is only liable for the actual legally recognized damages suffered here, which pretty much comes down to compensating you for financial loss you suffered from this.

  3. #13
    Join Date
    Jul 2018
    Posts
    1,988

    Default Re: Vop, Wrongful Arrest Due to Clerical Error

    Quote Quoting jason.the.stove.guy
    View Post
    So youre stating that the court can make an error, you can go to jail because of someones error and no one is held accountable?
    It's possible that no one will be held accountable. It's also possible that someone will be held accountable.

    In the thread at the other site, you were told, "you may be entitled to some small amount of compensation (you might even get a 'go away and shut up' settlement that exceeds the real value of the case)," and that "[y]ou're obviously free to complain to the supervisors of the individuals involved. Someone might even lose a job over this."

    In my prior response in this thread, I told you "that you might be entitled to some compensation (even a "shut up and go away" deal that exceeds the case's real value) and might be able to experience the unbridled joy of putting someone on the unemployment line."

    I think most reasonable persons would agree that those things constitute someone being "held accountable."


    Quote Quoting jason.the.stove.guy
    View Post
    Is this not a violation of a constitutional right?
    What you described is not a constitutional violation. In the thread at the other site, you were asked what provision of the federal or California Constitution you think was violated. You seem to have ignored that question, which leads to the inference that you don't know of any such provision.


    Quote Quoting jason.the.stove.guy
    View Post
    I was arrested for something I knew I didn't do. If a citizen does this they go to prison.
    For starters, citizens (or non-citizens) who aren't law enforcement officers don't generally have the ability to make arrests. That said, your conclusion may or may not be true.


    Quote Quoting jason.the.stove.guy
    View Post
    Are you telling me the courts can do this and nothing happens?
    For starters, the court didn't arrest you, but I think I've been beyond clear as to what might happen and what isn't going to happen.


    Quote Quoting jason.the.stove.guy
    View Post
    Someone needs to be held accountable just like every citizen is held accountable for wrong doings.
    We've told you what to do to try and ensure that this happens.

    Quote Quoting jason.the.stove.guy
    View Post
    I thought on top of all of that I should probably post on a message board because there may be some pretty smart people on them. I'm not looking for anything more than advice here or opinion and I can filter as I see fit.
    That's great. The problem is that, when those smart people gave you responses you didn't like, you started arguing and engaging in ridiculous hyperbole.

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