Filing Civil Suit Process

If I file a lawsuit in the circuit court and there is sufficient evidence before any proceedings continue can the defense agree to a settlement?

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 (named Roy) 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 (named Shenk) 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 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 that’s where my charge was for the failure to appear. 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 also 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. In 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 via email on their website 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. 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 that verifies I’m not a felon. I emailed it to the email she requested and I received a response stating “I will check into this”

What grounds can I file a civil suit based on all

Virginia

What about false imprisonment

How to prove false imprisonment in this case specifically. What issues should be raised and addressed

How to prove false arrest. Is it the same as false imprisonment

Yes

On the form cc-* cover sheet for filing civil actions in Virginia which box or boxes would most likely be checked if I were to file a civil complaint against any responsible parties for the above mentioned situation

After I submit this form, then what happens

Based on what I’ve put in this chat, who should the defendants be

Please explain how the pawn shop is responsible and should be named as a defendant if they only submitted an application.

Who else could be a defendant, not the city where it occurred? Or the jail?

What about violation of my civil rights

Would I put all of this in the same complaint

Should I wait until the case is dismissed to file complaint? Because if the case is dismissed I can also sue for malicious prosecution. Or would malicious prosecution not apply if it wasn’t intentional and with malice.

Yes

Define ill intent

So I don’t think I should add malicious prosecution since I believe it’s a clerical mistake somewhere

Would any amount of time incarcerated be considered unreasonable if the warrant was invalid

I was only detained for less than * hours

Yes how to prepare. How much is the filing fee

Would I still be able to get a lawyer if I started the complaint on my own

How to qualify for waiver for filing fee

Is there a complaint form

Yes specific details how to fill the form

Any other forms I should submit with the cc-* cover sheet. If it’s a cover sheet, what goes with it?

Is there a form for this or do I just summarize what’s going on

Should it be labeled as such categories that are listed above

Can you construct an introduction

Is that basic for how an attorney would do an introduction

Yes

Yes proceed

Yes proceed with damages

Yes proceed

Do I put amounts of money

Yes