Legal Question in Criminal Law in California

I had a girlfriend at the time accuse me of hitting her. She told the police that I hit her in the face repeatedly and other lies to make me out to be very bad. There were no marks for I didn't do what she said I did. Later that night the cops stormed my house cut my power and never announced themselves as police only continued to pound on the door. I called to the station to inquire of the event. The dispatch told me she would send the police to question me. Due to no power I meet the officers outside they said they had to frisk me for weapons, then immediately put me in handcuffs and put me in the car and entered my house without consent. I have a gun safe that was locked they said I had to give the combo to them, I didn't so they put me in front of the safe and had me open it. they took all of my guns and took me to jail. Have to post bail to get out. I was charged with assault and battery and charges of possession of an assault rifle and armor piercing ammo. I later hire an attorney to fight for me. He never stepped a foot in the court room, charges were not filed by the DA. All of my guns are legal and so is the ammo. The cops didn't know the laws pertaining to firearms. After several weeks I contact the detective who is working the case, I tell him the guns are all legal and that I want them back. I said I can show you all the paper work to help out your job. He said he would get back to me. The detective gets a hold of the accuser and informs her that if she files for a restraining order that I wouldn't be able to own guns. she takes his advice. I get served and am forced to hire another attorney because the first only works criminal cases. several thousand dollars later and a few court dates and no restraining order is filed. After all the events I find out this isn't the first time this girl has done this. This is just a brief summary of the whole story. I am wondering if there are any legal actions that I can take to get the money I spent on attorneys and for the pain and suffering that I endured

Asked on 8/28/09, 3:49 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

You could try suing the girl for malicious prosecution but if she does not have anything, it's pretty much a waste of time and money. You could sue the detective and the police department for violation of your civil rights, but you will probably in this case have a hard time proving they acted recklessly or intentionally in depriving you of your rights. However you should call a lawyer specializing in cases against the police for a detailed consultation.

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Answered on 8/31/09, 1:17 am

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