Legal Question in Administrative Law in California

New Question:

Does it give a cop probable cause to arrest if they know they are going to write up a report in a manner that that they know the District Attorney will not pick up the case? Meaning they know you will not be prosecuted but want to violate your rights to Freedom anyways, because they can........

Previous question:

How many time does a person have to be arrested for any reason when the DA fails to pick up any charges prior to the cops being considered harassing of the person. I have been arrested 4 times in the prior year, none of the times were any charges picked up. This has happened several other occasions in the past, how many times does it take before i can file against them for putting me in jail when they knew they didn't have a case or just because they could put me in there so they did put me in jail? It seems unfair that they tell another person that got arrested and not charged that they just "feel we needed a time out, not to worry we are going to write up the case in a manner that the DA will not pick up charges against you or her." That fully supports the cops just arresting us because they could and not for valid purposes. Do I have a case against the police in ca. for this?

Previous Attorney Response:

All they need is probable cause to do this. If not then 1 is enough.

Asked on 8/25/13, 2:52 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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My experience in this area is limited to three years as a law clerk in the public defender's office while in law school. I'd say you haven't given us sufficient information about the circumstances of the arrest or what the police reports allege. The DA's office and the courts are clogged with serious matters. Lots of illegal activity goes unprosecuted. Don't push your luck; next time you may get fined or be given 30 days in the slammer. Or worse.

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8/25/13, 3:29 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro
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I'm a criminal defense lawyer and I've seen situations similar to what you describe many times. Without more facts I cannot tell you whether probable cause exists. Merely because the DA does not pick up the case is not proof that probable cause does not exist. There are many reasons a DA does not pick up a case. In many jurisdictions there are ongoing fights between the police department and the DA over what should be prosecuted and I suspect that is what is happening in your city. You are unlucky enough to be caught in the middle. You might repost your question for a civil rights attorney who can better answer whether it is harassment.

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8/25/13, 7:26 pm

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