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there is also the thought of changing your name to something that cant be forogteen or easy to mistake.....
yes, i am an a@@hole. No thats MR. A@@hole....
or running with someother stupid thing like yes, i am a god....
good luck with deal with all the bs that came from this little event.
93celicaGT2 wrote:What do i do? I'll have a court date set shortly, and i'm trying to decide if i should get a lawyer to help sort this out and seek damages, etc
Why do you have a court date? The warrant had to have something on it? I'd try to get it cleared up before court, if possible, including getting a lawyer, if needed.
As for damages, you don't have any. The arrest was lawful - at the time, the LEO thought you had an outstanding warrant. You haven't been convicted of anything, so there isn't anything on your record. If an employer asks specifically about arrests (and not convictions, which is more likely), then explain it as mistaken ID and it shouldn't be an issue.
WilD wrote: As far as suing for damages (and profit), I was was mostly just making a SouthPark joke ...
Two words, "Chewbacca Defense".
CrackMonkey wrote:93celicaGT2 wrote:What do i do? I'll have a court date set shortly, and i'm trying to decide if i should get a lawyer to help sort this out and seek damages, etc
Why do you have a court date? The warrant had to have something on it? I'd try to get it cleared up before court, if possible, including getting a lawyer, if needed.
As for damages, you don't have any. The arrest was lawful - at the time, the LEO thought you had an outstanding warrant. You haven't been convicted of anything, so there isn't anything on your record. If an employer asks specifically about arrests (and not convictions, which is more likely), then explain it as mistaken ID and it shouldn't be an issue.
The warrant had nothing on it. No reasoning, no charges, no nothing. I am still not sure if i have a court date. That will come in the mail if there is going to be one. The officers there couldn't tell me anything.
The arrest is more of a mistaken identity type thing. The social that was on the warrant, (415-xx-xxxx) is not me. That's wrongful arrest.
That explains it. You violated the unwritten law. Welcome to Change.
Don't fly in the near future. Book all your travel hobo style, via jumping slow moving freight trains. 
RETAIN A LAWYER. Have his card on you at all times. Be on the phone with him the next time the cop goes back to the car to run your license. You can't get in legal trouble for talking to your legal counsel.
He should instruct you to say the following, and ONLY the following when questioned by police:
1.) I don't want to talk to you.
2.) I want to talk to my lawyer now.
3.) Come back with a warrant.
None of this can legally be construed as probable cause for a search or arrest. (Number 3 may or may not be applicable, depending on the scenario.)
These are the instructions printed on the back of my dad's business cards.
Dr. Hess wrote:That explains it. You violated the unwritten law. Welcome to Change.
I understand that mistaken identity has never happened before Obama, but what is the unwritten law?
Joey
Like nearly everyone else said, pony up for a lawyer and speak with them about the appropriate avenue to persue to get your record cleared as well as maybe being reimbursed for your bail.
I would also echo the sentiment about not pursuing damages...you will probably not win and run the risk of having less than professional LEO's in the area harass you . It's BS, I know, but it's reality.
How much was bail? Don't they have to have a charge listed on the warrant to set a bail?
I too would advise you to get a lawyer. I suspect one could make this thing go away fairly easily.
dyintorace wrote:Turns out, his wallet was stolen years ago. Whoever stole it wrote a string of bad checks in the panhandle of Florida. A warrant was issued for my brother. Once he got pulled over, it popped up, hence the "arrest".
I have a coworker that has this problem. And the thief looks similar to him too. One day four cops roll into work and take him out of the office into our shop and cuff him and away he goes.
Wife calls and panics as they came by the house too. He is still trying to straighten this mess out. They also have arm tattoo's and he always encourages the cops to look at his and compare to what the cops show about the other guy.
I'm no legal scholar, but since you weren't charged with anything it doesn't sound like you were "arrested" but simply "taken in for questioning." I'm not sure you would have any case for damages... is it inconvienent and annoying? Yes... but it happens... and was happening long before any of us were born (regardless of Hess' assinine "Change" comment...)
spitfirebill wrote:How much was bail? Don't they have to have a charge listed on the warrant to set a bail?
I too would advise you to get a lawyer. I suspect one could make this thing go away fairly easily.
Bail was half a challenge car. I thought you needed a charge listed as well, but apparently i was wrong? Or maybe i was right, and the county REALLY screwed themselves. I'll know more when i pull all the records and everything, and get a consultation.
Ian F wrote:I'm no legal scholar, but since you weren't charged with anything it doesn't sound like you were "arrested" but simply "taken in for questioning." I'm not sure you would have any case for damages... is it inconvienent and annoying? Yes... but it happens... and was happening long before any of us were born (regardless of Hess' assinine "Change" comment...)
Nope. I was arrested and booked in. There was no mention of questioning. It was all very surreal.
Ugh. I'd never get to go to the mall again!
and the down side of that is...???
That's pretty funny. Arrested, booked, and paid bail on a charge of "unknown". I'd say there are damages. Good luck recovering them from the government.
It reminds me of the story about the guy who had his wages garnished for child support and couldn't recover them even though he didn't know the woman and it wasn't his kid. I hope you have better luck than that guy...
WilD wrote:wearymicrobe wrote:Okay, now I'm curious as two of you have mentioned "wanted for stealing my own car". What is that all about? Too ethnic for your car/neighborhood or some such problem? As far as suing for damages (and profit), I was was mostly just making a SouthPark joke above based on your previous statements. I do think you need to pursue clearing your name very agressively though, and should recover your actual costs incurred by their mistake (which may be substantial when all is said and done).Yeah.... i've been "wanted" for stealing my own car before. That was pretty funny. Your not the only one, I have been pulled over "at gun point", dragged into the back of a police car and given quite the tongue lashing for stealing my own car as well. Profiling at its best.
Definitely age profiling (19 at the time), and a (100K car). I was coming back from a meeting in Arizona, just got the car a week or so before. Outstanding warrant on the previous owner with what I think was insurance fraud, never did find out.
Car was flagged for some reason, got pulled over full lights and sirens, previous owner must have had something on him for them to react that way.
Got it cleared up on the side of the road pretty quickly as I had the doc's in the car.
I would Lawyer up. Clear up both names or request that an addendum goes on the warrant (if still valid) for the arresting officer to check the SS# of the suspect. I would also request to be refunded for bail and court costs. (aka don’t seek damages)
Man, I am FULL of advice today.
