Q: What options can I have if I was arrested for somebody else’s bench warrants & the officer knew she had the wrong person

An officer that has been known in the neighborhood, remove children from good homes arrested me for somebody else’s bench warrants both myself, and her partner told her she had the wrong person. She stated that she was going to make the charges stick and a felony charge of aggravated assault to my daughter and sent me to Lynnwood correctional facility on $160000 bail. as a result, I lost custody of my children as well as any government assistance. Mental health has suffered drastically. The person who the bench warrants belong to was on probation at the time as I had never been arrested before much less been put in cuffs she even filed fall accusations to the social worker. This was in August 20 21 and I’m still dealing with the repercussions to this day. Her partner also sexually harassed me while in custody. There is a group of officers at the San Fernando Police department that were involved. When I requested a lawyer or supervisor I was denied that right she even questioned my kids

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re facing a very difficult situation with serious consequences. If you were arrested based on another person’s bench warrants, and the officer was aware of the mistake, you may have grounds for a legal claim. This could involve filing a wrongful arrest lawsuit against the officer and possibly the police department. It’s important to gather all relevant evidence, including any documentation of the arrest, witness statements, and records of your communications with law enforcement.

Additionally, consider reaching out to a civil rights attorney who can help you navigate your options. They can advise you on potential claims for false arrest, malicious prosecution, or violations of your rights while in custody. If you believe your mental health has been significantly impacted, you might also explore pursuing compensation for emotional distress.

Finally, keep in mind the importance of documenting everything you have experienced, including any instances of harassment or denial of legal representation. This information can be crucial in supporting your case and addressing the repercussions you’ve faced regarding custody and assistance.

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