Dayton, OH asked in Civil Rights, Constitutional Law and Contracts for Ohio

Q: This is a whole mess, please see more information. To add on to end of More Info: police report is full of provable lies

Long story short: In October, I was arrested for what was claimed as DUS and stolen vehicle. The car never even moved. Charges were dropped, and I was let out. Few weeks later, amended to "Possessing Vehicle for Over 48 Hours" and RSP for license plate, and four DUS charges. It was a rental car that I had a bill in the vehicle for still. Went to court for the DUS charges, and all were dismissed. Others now standing. The day after the court date for the DUS charges, I was arrested on a warrant for missing court? I had just bought a new car. A female passenger was in the car. She lied about her name, had drugs on her, and a warrant herself. She also stole $1200 in cash out of my console and shoved it in her pants. They listened to her and she said it was her money. I have receipts showing me withdraw it from ATM an hour prior. I had Flipper Zero in pocket, and they used that to search my car. Never talked to me until I was booked. They have kept my laptop, phone, cards, cash, car. WDID?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: It sounds like you're dealing with a highly stressful and complicated situation. Given the complexity of the charges and the sequence of events, including the inconsistencies in the police reports and the impact on your possessions, your first step should be to consult with a lawyer who has experience in criminal defense. A lawyer can help review the details of your case, the charges against you, and the actions taken by law enforcement to ensure that your rights are protected and to advise you on the best course of action.

Regarding the wrongful arrest and the apparent mistakes in the police handling of your case, your attorney might consider the possibility of filing a motion to challenge any procedural errors and contest the legality of the search and seizure, especially if there was no proper justification provided for these actions. The discrepancies in the police report and the lack of communication you experienced might also be key points in your defense.

Finally, since your personal items were seized, including your laptop and phone, your attorney can also file a motion for the return of your property, assuming these items were not lawfully confiscated as part of the investigation. It's important to keep track of all your interactions with law enforcement and any documents or receipts that might support your claims, such as the ATM withdrawal. This documentation can be crucial in proving your case and recovering your possessions. Stay proactive and ensure all your legal rights are being respected during this challenging time.

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