Wrongful Arrest Malicious Prosecution

Summary

Jose from Utah alleges wrongful arrest and malicious prosecution. He claims a police officer lied on the report and tampered with evidence, leading to his charge of electronic harassment. The case was dismissed, but Jose is considering a civil rights violation lawsuit against the officer. He has two versions of the police report, court papers, and the dismissal papers as evidence. He believes his rights to freedom from false arrest, wrongful prosecution, equal protection from the law, procedural due process, consultation with an attorney, and life were violated. He is seeking help to file the lawsuit.

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Wrongful arrest, malicious prosecution
What state did this occur in, ****? Different states have different laws regarding wrongful arrest and malicious prosecution.
Utah
What are the details of your arrest and prosecution, ****? In Utah, wrongful arrest and malicious prosecution can be challenged under civil rights laws.
I was arrest withou probable cause, the police officer lied on police report tampering with evidences. I was charged with eletronic harassment, got the case dismissed, police intentionally lied to get me prosecuted
What evidence do you have to support your claim that the police officer lied on the report and tampered with evidence? In Utah, these actions can be considered misconduct and may be punishable.
Police report, I have two versions of the same police report, it shows he changed information on police report and the police report was used as an evidence against me
What differences are there between the two versions of the police report?
He arrest me and after that the police report had me as suspect, PEN disposition. Eight days later he changed the police report to arrestee, disposition CAA. Also, he added an offense that did not existed on first version
What was the additional offense that was added in the second version of the police report?
Offense# PRF054220 - BM - * count
What does the offense# PRF054220 - BM - * count refer to in your case?
I dont know what it means
What is the full description of the offense# PRF054220 - BM - * count as stated in the police report?
Eletronic harassment is the offense described on police report
What actions were described in the report that led to the charge of electronic harassment?
* email may *
1email * july, * email aug. *, * email September * and * emails in October total * in a period of 5 months
What was the content of these emails that led to the charge of electronic harassment?
I was requesting information about a family trust fund left by my mother to personal repreaentative of my mother, also the trustee of the trust. She redused to give me information and instead had the police officer to arrest me for eletronic harassment.
What is the nature of the trust fund and what information were you seeking from the trustee?
My mother passed and i was a beneficiary of the trust. I waited 6 months before sending the first email.
What was the response of the trustee when you requested information about the trust fund?
Thd
What was the trustee's response to your requests for information about the trust fund?
The trustee wrote a long email, full of accusations and lies about me. The trustee said my mother hated me and did not leave anything for me. This emails was sent to many people.
Who were the recipients of the email sent by the trustee?
The trustee did not send me a copy or anything about trust. The recipients were accusations about me not deserving any money and the trustee wrote me to not contact her anymore. But refused to give me a copy of trust
What actions have you taken so far to address this issue with the trustee?
I sent emails, that is all. The trustee accused me of electronic harassment and police officer helped to get me prosecuted, to keep me away from having any information about the trust.
What was the outcome of the case where you were accused of electronic harassment?
Dismissed, the prosecution wasnt really about eletronic harassment, the trustee wan
What actions have you taken since the case was dismissed?
Was using police to keep me away
What actions did the police take to keep you away?
The police officer wrongfully arrest me, wrote a false police report, tampering with evidence, tampering with witness, did not investigate the facts
What steps have you taken since the case was dismissed to obtain information about the trust fund?
None. I gave up because If I try to do anything they will arrest me again. Unless I can have a successful civil rights violation case against the police officer.
What evidence do you have to support your claim of civil rights violation? In Utah, you can file a complaint against a police officer for misconduct through the Utah Peace Officer Standards and Training (POST) Council.
I have police reports both versions, court papers and false evidences he used agaisnt me. The police officer had only two evidences agaisnt me police report (false) and the emails I wrote, but I wrote in portuguese and he used copies translated to english made by my accuser. It should be translated by a professional and an affidavit of the translator should be available with the emails
Who translated the emails from Portuguese to English?
The trustee who accuse me of eletronic harassment
What actions did the trustee take after translating your emails?
Gave to the police officer and the police officer sent to prosecutor as evidence for the prosecution against me.
What actions have you taken against the trustee for refusing to provide information about the trust fund?
None. Probate attorneys dont work on contingency fee and I cant afford one.
Have you tried reaching out to legal aid services in Utah for assistance with your probate issue? They might be able to help you at a reduced cost or for free.
Legal aid can't help with probate issues, I tried already. I went to many different attorneys.
What steps have you taken to file a complaint against the police officer for misconduct?
None. I am trying to find help to start a civil rights violations lawsuit agaisnt police officer. I thought after my case was dismissed, the prosecutor was gonna charge the police officer with at least perjury, but nothing happened .
What steps have you taken to gather evidence for your civil rights violation lawsuit against the police officer?
I went to police department and got police reports
What other evidence, if any, do you have to support your claim of civil rights violation?
I have court papers and I have the papers from case being dismissed.
What specific civil rights do you believe were violated in your case?
Freedom from false arrest by law enforcement, freedom from Wrongful prosecution, right to equal protection from the law, right to procedural due process, right to consult with an attorney, right to life because having that pending charges against me made
What steps have you taken to file a complaint against the police officer for misconduct?
Nothing, I am having difficulties to find any help
Have you considered contacting the American Civil Liberties Union (ACLU) of Utah? They may be able to provide assistance or resources for your civil rights violation case.
Yes, I went there but the process is complicated.
What specific difficulties are you facing with the ACLU process?
I need to request a package and read the information in tje
What kind of information do you need to request from the ACLU package?
I
don't know, I am not sure what to do. Can you guide me on how to proceed with ACLU?
To see if they can help me before asking for help. They dont talk through phone or
What specific information are you looking for from the ACLU?
Face to face appointment
What is the reason you are seeking a face-to-face appointment with the ACLU?
I am not, I will take any help I can get.
What specific help are you seeking from the ACLU in regards to your case?
I was looking to get help to file a civil rights law suit.
What specific actions or misconduct by the police officer do you believe violated your civil rights?
Arrest me without probable cause, tampering with evidence, false police report, coerced confession, the right of due process, perjury, right to consel, equal protection from the law
What evidence do you have to support your claim of coerced confession?
He came to my house and asked me if I sent any emails to the trustee. I said yes, he used my answer as confession of a crime.
What was the context of the conversation when the police officer asked you about the emails?
He read the mirand rights, it was intimidating because I had no idea wuat what was going on. Than he ask me " did you send emails to the trustee?" I said yes. He told me not to send anymore emails. I did not send anymore emails. The police officer did not say anything about giving me an option to talk with the trustee about a trust that I am beneficiary. The trustee has the fiduciary duty to treat beneficiaries with respect.
What was the content of the emails you sent to the trustee?
It was about responding faking accusations agaisnt me, asking about the trust and asking about why she hided my mothers death for months
What actions have you taken to address the false accusations made against you by the trustee?
I responded to the trustee through emails.
What was the trustee's response to your emails addressing the false accusations?
None, she ignored them
What steps have you taken to address the trustee's refusal to provide information about the trust fund?
None, probate attorneys are too expensive and i cant afford them
Have you considered reaching out to law schools in Utah? They often have legal clinics that provide free or low-cost services.
No. Can they help? How? Who do i ask for at law school?
You can reach out to the legal clinics at law schools. They often have students and professors who can provide legal advice and assistance. Ask for the legal clinic or pro bono services.
I have, the legal clinic helps only with family law and imigration issues. Not with probate or civil rights
What specific civil rights do you believe were violated in your case?
4th. 5th, 14th amendments
What specific actions or incidents led you to believe that your 4th, 5th, and 14th amendment rights were violated?
Where can a get a pro bono attorney in utah?
You can contact the "Utah Legal Services" at (*) *-* for pro bono legal assistance. They provide free legal help to low-income individuals in non-criminal cases.
How I remove a trustee?
What is the reason you wish to remove the trustee? This will help me provide you with the most relevant information.
Where i can get help with probate issues at no cost in utah?
You can contact the Utah Legal Services. They provide free legal help in certain cases including probate issues. Their contact number is (*) *-*.