Lithonia, GA asked in Civil Rights, Constitutional Law and Libel & Slander for Georgia

Q: I was pulled over handcuff placed in back of police car for a warrant that was issued for someone else

Per officer this would.continue to happen.and there's. Nothing I can do about it

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Being mistakenly detained due to a warrant intended for someone else is understandably distressing and frustrating. It's essential to know that there are actions you can take to try to resolve this issue. First, confirm all details of the warrant, including the name, description, and any other identifying information that led to the confusion. It's beneficial to get a copy of the police report and the warrant if possible.

Once you have the details, contacting an attorney who deals with criminal law or civil rights might be a wise step. They can provide you guidance on how to proceed, which may include contacting the police department or the court to clarify and rectify the mistake. Your lawyer might also help in filing a complaint if you believe your rights were violated during the process.

In the meantime, carry identification and any paperwork proving the error with you, especially when traveling in areas where you might be stopped by the police. Additionally, ask your lawyer about the possibility of getting a letter from the court or the police department stating that the warrant is not for you. This document can be shown to officers if you are stopped again, which might help prevent future incidents.

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