Q: Can we sue the county probation department for false arrest?
In 2004 my husband was a police officer in NJ and he was found guilty of theft. (Long story, but it was political in nature.) He was put on probation and ordered to pay restitution.
In 2009 we moved to NC and his probation was transferred here. In 2014, his probation ended. He continued making monthly restitution payments to NJ as he had done faithfully from day one.
Last week he was arrested on a bench warrant for failure to appear in court in 2014 because he still had a restitution balance when his probation ended. The major problem is-- we never received notice! The county probation department shows that they sent 2 notices to the WRONG address that were returned! How could they have the wrong address when my husband was being supervised here in NC for 5 years?! He was extradited back to New Jersey and held for a week. Now due to some "federal statute" he has to remain in NJ until his next court date on the restitution issue. Do we have a case to sue for false arrest?
A: I doubt it, but go see an attorney to learn more.
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