Legal Question in Criminal Law in Georgia

Can I sue the county or state I live in for negligence of paperwork, later causing me to get arrested for a bench warrant that was dismissed?

Asked on 2/28/20, 12:03 am

1 Answer from Attorneys


Maybe - the clerk's office and/or Sheriff's Office are usually responsible for the MINISTERIAL duty of maintaining accurate warrant records . You'll need to know who dropped the ball and why, after the "dismissal," (recalling the warrant) the warrant was not recalled and purged from the Court's records, the records from the GBI, and/or the records from local law enforcement. It's too complicated for a lay person to pursue, you'll need to hire a good lawyer in your county area ASAP.

NOTE: There are very strict time restraints on the ante litem notices and on the lawsuit deadline (2 years from your arrest date); if you fail to abide by those deadline, you will be barred from bring any action against anyone for this matter, barred forever!

One caveat: law enforcement will probably use a "good faith" defense claiming they were not notified of the recalling of the warrant against you and that they thought it was still outstanding (that excuse usually works for them, too).

Good luck,

Ralph (770.985.6773 - answered 24x7 by live persons)

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Answered on 2/28/20, 12:28 am

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