Suing Local Government Guide
Summary
You can sue a local government in Chesterfield, VA, but must follow specific procedures, including filing a notice of claim and detailing damages within a set time limit. For property seized during a search, you need to prove it was legally earned and may need to file a motion for its return. Consult a local attorney for personalized advice.Full Conversation
I have questions about the ability to sue my local government
Hello Amanda, it's possible to sue a local government, but there are specific procedures to follow. Could you please provide more context about your situation, and also mention your location?
Chesterfield VA
Hello Amanda, in Chesterfield VA, you can sue the local government but there are certain rules:
- Notice of claim must be filed before the lawsuit.
- You should detail the claim and damage.
- There's a specific time limit to file.
However, it's better to consult with a local attorney.
- Notice of claim must be filed before the lawsuit.
- You should detail the claim and damage.
- There's a specific time limit to file.
However, it's better to consult with a local attorney.
I'm in Chesterfield County. In May * my family had LEGALLY earned money, with a paper trail, taken during the execution of a search warrant. That warrant was taken out after they said they had one and began searching... if you need those details I can further elaborate. However, the seized money was only listed as my husband's. We jointly filed a response. After his court appointed lawyer bombed the suppression hearing, he then announced running for candidacy for CWA per request of the Chief of Police &Sheriff. His plea deal was explained that since the money was from * sources, the one amount of $*,* wasn't guaranteed to be returned and $*,* would be. I never read or had any part of those negotiations. When I went to court for the Civil forfeiture case. The judge and Commonwealth's attorney were very kind and continued the case wanting to be able to fully explain the entire legal implications and process of the forfeiture. The CWA sent and email out to my court appointed attorney for him to help and the CWA who prosecuted mine and my husband's criminal charges. Her was "do I need to indict her if she proceeds?" Which she was holding over my head that I have * kids. I was on a deferred disposition for the constructive possession charge I ended up with. I did everything I was asked, and halfway through the deferment I was marked unsuccessful with a capias issued. I managed to make it * more months to court with the capias never being served and dropped. The judge felt that entire situation seemed weird and missing information. I even have recorded calls from the probation officers telling me that I'm doing everything right keep it up and another one to not come to any further drug testing because I had a capias. It resulted in a guilty verdict for me. I feel that was to ensure I wouldn't try to to claim an innocent ownership to the money. I feel the police department frequently follows me around and there was even 4x in the last week that different members have viewed my LinkedIn profile. I feel like something has to be able to be done about this, a prosecutor shouldn't growl "game on" in the courthouse hallway at a defendant's spouse for hiring a lawyer, or accuse her of being a criminal mastermind over lack of evidence. My bond was revoked bc I tried to reschedule a drug test, and on multiple occasions, threaten to sentence to the max if I didn't give a guilty plea. I never had even a speeding ticket before
I'm sorry to hear about your situation, Amanda. It seems complex, and it's important that you get the right legal advice. You mentioned suing your local government. Can you clarify what you hope to achieve with this lawsuit? It could be compensation, correcting an error, or something else.
Monies taken during a questionably legal search and being threatened to stop trying to get it back
Hello Amanda,
Legally, you have the right to recover your property if seized unlawfully. It's critical to:
- Prove the money was legally earned
- Hire a lawyer to file a motion for the return of property
- File a complaint if threatened
Please consult a local lawyer.
Legally, you have the right to recover your property if seized unlawfully. It's critical to:
- Prove the money was legally earned
- Hire a lawyer to file a motion for the return of property
- File a complaint if threatened
Please consult a local lawyer.