Legal Question in Criminal Law in California

suing the police and/or DA

I was arrested last month on 5 felonies and spent 10 days in jail as I couldn't make bail. I have no criminal record, but was accused of stealing 1000's of dollars worth of merchandise, because the cops said they had ''witnesses''. I admitted nothing and pleaded the 5th since that is what I always hear lawyers advise. I had to prove my own innocence as I was at a mall when these crimes happened.

After the DA's office saw the video showing me at the mall at the exact time of the crimes I was released and all charges dropped. I want to sue them for what they put me through. Does anyone here do this kind of work in LA?


Asked on 4/30/09, 2:47 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: suing the police and/or DA

Sadly, mistaken arrests happen. You can't win a lawsuit against the police based solely on the fact that you turned out to be innocent. You would also need to show that they acted in bad faith. If they were acting on information from witnesses, you probably will not be able to make the necessary showing.

Invoking the Fifth Amendment generally means you believe a truthful answer would incriminate you. You should have instead told the officers you wanted a lawyer and remained silent until you could meet with one. That you remained in custody for ten days suggests that you tried to handle this on your own. That was unwise, and it probably played a large part in your delayed release.

I'm sorry I can't be more encouraging.

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Answered on 4/30/09, 3:14 pm


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