Legal Question in Criminal Law in Texas

I Need Someone To Tell Me My Next Step

I will explain this case in full to whomever responds. I was arrested February 2005 in Dallas County, Texas. They charged me with Forgery. I was handcuffed inside a private business on private property. I had all the documentation showing it was a real money order, but the police would not listen. I was in jail for a week and finally got out on an attorney bond. Two days later my attorney calls and tells me they dropped the charges because they realized the money order was in fact real. I had to go down to the forgery department and pick up my money order from the detective. In the midst of all this chaos I lost my condo and the bad luck continued (locksmith stole my car stereo, etc...) I need some advice as to where I need to start this process.


Asked on 8/06/05, 3:19 am

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: I Need Someone To Tell Me My Next Step

Apparently, a good faith mistake was made, unless you can demonstrate that the mistake by the prosecutors was done purposely to attack you. When the police arrived to execute the arrest warrant, the fact that you were at a private business on private property is irrelevant. Moreover, although you had documentation to show the police, the fact that they didn't look at it is irrelevant. The police were there to execute a warrant and do not, under those circumstances, have the right or authority to not execute the warrant that they were ordered to carry out by a court of law. Your bond should have been set within 24 hours (give or take) of your arrest, so if you spent a week in jail, that was only because you didn't bond out. Therefore, whatever you may have lost while in jail cannot be held against the government.

I realize that I'm not giving you the answer that you want to receive. I also realize that you are upset and frustrated by what occurred. However, the law provides the government a lot of leway. Mistakes are sometimes made and that's part of the process. My best recommendation is for you to move on as best you can.

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Answered on 8/08/05, 11:07 pm


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