Copperas Cove, TX asked in Criminal Law for Texas

Q: My husband was pulled over and they searched him and tested some eye drops in his bag that came back as amphetamine

And he was arrested and his bail was 4000 and he missed work and he he had to get a lawyer and the case dismissed because they had drops tested again and it wasn't drugs so can we get any of the money back on bond ,attorney fees,or work compensation

Related Topics:
1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The best answer to this question will come from an attorney that practices civil rights law and federal section 1983 cases.

The problem is law enforcement. The bondsman and the attorney were paid to help, and they did help, so they earned they did nothing wrong. Worker's compensation is a totally different area of law so you would need to consult a workman's comp attorney to learn if there is any provision for a false arrest.

All that said, since the question is only posted under "Criminal Law" I will offer a guess, but it is only a guess.

My guess is: if you can somehow prove that your husband was targeted by law enforcement for some illegal reason then MAYBE you can recover damages... but PROBABLY NOT because police officers enjoy "sovereign immunity" that protects them from liability for most honest mistakes and a false positive on a chemical test could be an honest mistake.

Bottom line is that you need to consult a real civil rights attorney to get anything other than a wild guess.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.