Police Force And Legal Recourse

Summary

If youve been wrongfully arrested due to incorrect records, you may have strong claims for false arrest, defamation, and violation of civil rights under Section 1983. Document all interactions, obtain certified records showing no felony conviction, and consult a lawyer experienced in civil rights cases. Consider filing a civil complaint and a Section 1983 complaint. The discovery phase will involve exchanging evidence and witness depositions. Emotional distress compensation is possible without a psychiatrist, but documentation is crucial. If you unknowingly signed a form to restore civil rights, consult an attorney to challenge its validity. Legal recourse includes false arrest, defamation, and emotional distress claims.

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How can I predict how much my case is worth
To predict how much your case might be worth, consider the following factors:
- Extent of injuries or damages
- Medical expenses
- Lost wages or income
- Pain and suffering
- Impact on quality of life
Which state are you located in? This can help provide more specific information based on local laws.
Virginia
Since you are in Virginia, here's some general information about use of force by police and potential civil claims:
- Use of Force: Includes any physical effort to control or restrain.
- Handcuffing: Typically considered a lower level of force.
- Case Worth Factors:
- Injuries or damages
- Medical expenses
- Lost wages
- Pain and suffering
- Impact on life quality
Could you describe the circumstances that led to the use of force?
I went to a gun dealer located at a pawn shop in Virginia on */*/* . Filled out the application to purchase a firearm. Selected no when it asked if i am a felon, because I’m not, and the man runs the background check and tells me its taking longer than expected to come back, and he’ll give me a call when he hears something. A few hours later I get a call from a state police stating that *- I had an active warrant for missing traffic court (which I did, unintentionally) and *- I’m a convicted felon, which I’m not. I did explain to the officer that I wasn’t a felon to which he replied “You are a felon” The officer asked me to meet him the following day to turn myself in and clear all of this up, and we agreed to meet at the Roanoke city court house at *:00pm on the next day (Friday */*/*) On Friday */*/*, while getting ready to go meet the state officer, I realize that my failure to appear was in Roanoke county and not Roanoke city, so when the state officer called to verify that we were still meeting, I asked if we could instead meet at the county courthouse, because I had no idea I was being charged with another crime for the firearm application. I thought I just wasn’t able to purchase one because of a background check. The officer agreed to meet at the county courthouse at *:30pm. I arrive at the magistrates office with my family and wait for the officer to come and serve the warrant. He arrives and takes me outside in front of his patrol car to handcuff me and tell me I’m charged with failure to appear out of Roanoke county. We go into the magistrates office and he’s asking about a second warrant. I ask him, am I being charged with * charges or *. He responds that I have the failure to appear and the falsifying documents charge when trying to purchase a firearm. I do tell him that I’m not a felon, never have been to my knowledge. To which he responds, I’ve even looked to see if your rights were restored and they weren’t. I asked him does he know how I can dispute info on a background check he did not know but told me “you’ll have your day in court to explain everything” Afterwards the magistrate tells me my charges and asks me do I have anything to say about them. I regards to the failure to appear, I told him I simply forgot about the court date or got the dates mixed up. In regards to the falsifying documents charge I told him to my knowledge I’m not a felon. I told them both that I’m a commissioned notary in the state of Virginia so i don’t know how this is even happening. The magistrate looks over my criminal history and says “well you ARE a felon” and tells me the date and court that has me listed as a felon on his paperwork. Even showed it to me through the glass screen we were talking through. I simply said ok and waited for him to come back with info about my bond hearing. Magistrate did ask the officer various questions, like if I was cooperative ( I was) For the failure to appear charge I was released on my own recognizance, but for the falsifying documents charge, there was a $* bond amount that I had to post before I could be released. I was then booked into jail and searched, and went through intake. I called my family who were in the lobby to post bond for me. I was booked in jail for maybe * and half hours. Not sure how long exactly. Monday morning as soon as the courts open up I called to verify my criminal history with the court that was listed on the paper the magistrate showed me on Friday. I was told that I have no felonies from this courthouse ! Like I knew the entire time. I was initially charged with a felony but the case was dropped to a misdemeanor. I told her that they requested the criminal history from this office and she said no one requested it from there. I am not a felon. She said I can get a copy of the conviction/sentencing order with a court stamp on it for my records. I told her I would come by the following day which was Tuesday */* to pick that documentation up. */* Picked up documents Tuesday */* after my arraignment for the actual case. Reached out to VA state police online to see how to dispute information on a background check. I was given a phone number and a persons name to call with an extension. Wednesday: I called Va State police and spoke with Marletta (supervisor) and told her what was going on, she told me that she sees where I petitioned the governor to restore my rights, but to my knowledge I’ve never petitioned the governor for anything. For one, I don’t know how to do that, and second, why would I ask for my rights to be restored if they were never lost to begin with. I told her this also, and she asked if I can send her a copy via email of the conviction order that I received from the clerks office on Monday. I emailed it to the email she requested and I received a respond stating “I will check into this”
Case Rating: *.
It sounds like you have a strong case to dispute the falsifying documents charge, given the mix-up with your criminal history.
- Obtain certified copies of your criminal record showing no felony conviction.
- Follow up with the VA State Police regarding the background check dispute.
- Consider consulting a lawyer to assist with clearing your record and defending your case.
Have you consulted with a lawyer yet regarding this situation?
have some consultations scheduled. I would like to file a civil case and am I seeking assistance with litigation. I want to file a civil case against all relevant parties involved for false arrest, defamation, malicious prosecution, violation of my civil rights (under Section *), intentional infliction of emotional distress and negligence. Based on what I’ve stated how likely am I to succeed if everything I’ve said is *% true and on what grounds would the case be the strongest, and what grounds would the case be the weakest
Your case appears strong on several grounds, particularly:
- False Arrest: Due to the incorrect felony record leading to an arrest.
- Defamation: Public statements labeling you a felon.
- Violation of Civil Rights (Section *): Improper arrest based on incorrect records.
- Intentional Infliction of Emotional Distress: Due to the emotional impact of the wrongful arrest.
The weakest ground might be:
- Negligence: Proving negligence can be complex, as it requires demonstrating a duty of care and breach.
Have you gathered all necessary documents to support your claims?
Would it matter that I already had a failure to appear warrant? Because for that charged I was not booked into jail. I just want clarity before I follow through
Having a failure to appear warrant might slightly affect your case, but it shouldn't undermine your claims regarding the false felony record and wrongful arrest.
Would you like more information on how to strengthen your documentation or any specific legal strategies?
Yes legal strategies and how to strengthen my documentation
To strengthen your documentation and legal strategies:
- Obtain Certified Records: Secure certified copies of your criminal history showing no felony conviction.
- Document Everything: Keep detailed records of all interactions with police, court officials, and the State Police.
- Witness Statements: Gather statements from witnesses, including family members present during the arrest.
- Medical Records: If applicable, obtain medical records showing any physical or emotional distress.
- Consult a Lawyer: Ensure you have legal representation experienced in civil rights and false arrest cases.
Would you like more information on gathering witness statements or documenting emotional distress?
If I hired a lawyer what would be the first thing they would do to start my case
A lawyer would typically start by gathering all relevant documentation to build your case. Here are the initial steps:
- Review Evidence: Examine your criminal records, court documents, and any communication related to the incidents.
- Gather Witnesses: Collect statements from witnesses, including family members.
- File Initial Complaints: Draft and file the necessary complaints or legal documents to initiate your civil case.
Would you like more details on any of these steps?
What complaints and legal documents should be filed
To initiate your civil case, you may consider filing the following complaints and legal documents:
- Civil Complaint: Outlining the allegations against the relevant parties.
- Section * Complaint: For violation of civil rights.
- Summons: To notify the defendants of the lawsuit.
- Affidavit of Facts: Providing sworn statements regarding the incidents.
Would you like more details on drafting these documents?
After that is done, then what
Once the initial complaints and legal documents are filed, the next steps typically include:
- Discovery: Both sides exchange evidence and information.
- Depositions: Witnesses and parties are questioned under oath.
- Motions: Legal requests made to the court (e.g., to dismiss the case or compel evidence).
- Settlement Negotiations: Attempt to resolve the case without going to trial.
- Trial Preparation: If no settlement, prepare for court.
Would you like more information on any of these steps?
How long should it take to settle a case like this based on past cases
The duration to settle a case like this can vary significantly, but generally:
- Pre-litigation: *-3 months
- Filing and Discovery: *-12 months
- Settlement Negotiations: *-6 months
- Trial (if necessary): *-2 years
Would you like more information on any specific phase?
Please describe the discovery part of the process
The discovery phase involves:
- Exchange of Evidence: Both parties share documents and evidence relevant to the case.
- Interrogatories: Written questions that must be answered under oath.
- Depositions: Witnesses and parties are questioned under oath.
- Requests for Admission: Parties admit or deny statements of fact.
- Requests for Production: Demands for specific documents or items.
Would you like more details on any specific discovery method?
Can I receive compensation for emotional distress without seeing a psychiatrist
Yes, it is possible to receive compensation for emotional distress without seeing a psychiatrist, but it may be more challenging. Here are some considerations:
- Documentation: Keep detailed records of the emotional impact.
- Witness Statements: Gather statements from people who can attest to your emotional distress.
- Medical Records: Any visits to general doctors related to stress or anxiety can help.
Would you like more information on documenting emotional distress effectively?
Yes
To effectively document emotional distress, consider the following strategies:
- Personal Journals: Keep a detailed journal describing your emotional experiences and how the incident has affected your daily life.
- Witness Statements: Collect written statements from family, friends, or colleagues who have observed changes in your behavior or emotional state.
- Medical Records: If you have visited any healthcare providers for stress or anxiety, obtain those records.
- Employment Records: Document any missed work or decreased performance due to emotional distress.
Would you like more details on how to gather witness statements or any specific aspect of documenting your distress?
Yes
To gather witness statements effectively, follow these steps:
- Identify Witnesses: List family, friends, colleagues, or anyone who observed your emotional distress.
- Request Statements: Politely ask them to write detailed accounts of what they observed, including specific instances showing your emotional distress.
- Include Contact Information: Ensure each statement includes the witness's contact information for verification.
- Sworn Affidavits: If possible, have the statements notarized to add credibility.
Would you like more information on any other aspect of your case?
What about the petition?
It seems like you have a strong case due to the mix-up with your criminal history and the subsequent wrongful arrest.
If by "petition" you mean the process to correct the record or seek redress, you can file a petition with the court to correct your criminal record and formally expunge any wrongful information. You might also need to petition to clear your civil rights if they've been wrongly altered.
Would you like more details on filing such a petition or any specific legal advice on this matter?
No, there’s a petition on file with the governor that was apparently granted but my rights were never taken to begin with.
To clarify your situation:
- Petition with the Governor: If there is a petition on file that was granted for the restoration of rights, you may want to obtain a copy and review it.
- Verification: Confirm with the governor's office or relevant authorities to understand why this petition exists if your rights were never taken.
Would you like assistance on how to obtain a copy of the petition?
Would a lawyer have given me this form or would it have been presented to me during trial? Is that routine?
It is uncommon for a lawyer to provide a form during trial. Typically, forms and documents are presented before the trial in pre-trial phases like discovery.
Would you like more information on pre-trial procedures or documentation processes?
What if I signed this form unknowingly, do I have any legal recourse
You might have legal recourse if you signed the form unknowingly, especially if it led to wrongful legal consequences. Potential grounds include:
- Lack of informed consent
- Misrepresentation
- Coercion
It would be helpful to know what the form was and the circumstances under which you signed it.
Would you like more detailed information on next steps?
It was an application to restore my civil rights with the secretary commonwealth
To clarify, if you unknowingly signed an application to restore your civil rights, you may have legal grounds to challenge its validity. Potential steps include:
- Obtain a Copy: Get a copy of the form to review its contents.
- Consult an Attorney: Seek legal advice to understand the implications and possible actions.
- Challenge Validity: If you signed under misrepresentation or without full understanding, you might challenge the application.
Would you like more information on how to challenge the validity of this form?
What legal recourse do I have
You have several potential legal recourses based on the information provided:
- False Arrest: Due to the incorrect felony record leading to your arrest.
- Defamation: Publicly being labeled a felon.
- Violation of Civil Rights (Section *): Improper arrest based on incorrect records.
- Intentional Infliction of Emotional Distress: Due to the wrongful arrest and its emotional impact.
Would you like more details on pursuing any specific claim?