Sunday, February 7, 2010

What is the probable outcome suing for false arrest when your name makes the paper for indictment?

I was asked by an officer in a restaurant if I was carring a handgun (someone must have overheard a conversation about me getting a license to carry) and I said I was carrying a licensed handgun. He told me I was under arrest for unlawful carrying on licensed premise (where alcohol is served). We walked past a sign in the restaurant on the way to the police car that said ';The unlicensed possession of a handgun is illegal'; meaning that a licensed handgun is perfectly legal. When I told him that he didn't listen and then asked if I was going to try to give him trouble, so I shut up and went to jail. Even though I had a lawyer the grand jury still indicted me because the ADA never believed it was legal either. The owner of the place where I was arrested called the DA's office and told them it was not illegal but they didn't believe him! Weird! They have since dismissed it but damage is done. What can I expect in terms of compensation in Texas? I am a self employed professional.What is the probable outcome suing for false arrest when your name makes the paper for indictment?
if the officers arrested you in the normal police procedures there is nothing you can sue for.the law about carrying in a place that serves alcohol is not up to the manager.he does not have the choice to choose.so with that i see some holes in your story that makes it unbelievable.


--------retired texas deputy sheriff--------What is the probable outcome suing for false arrest when your name makes the paper for indictment?
No compensation! It is illegal to carry a handgun on premises where alcohol is served. Just because the sign said it was ok, doesn't make it true or the law. I don't believe that a grand jury was used for that offense either. A concealed permit doesn't give you the right to carry the gun anywhere you please. There are several places where it is illegal to carry a gun even with a permit. Just because a charge is dropped, doesn't mean that you were arrested falsely.
I doubt it. You were arrested because the officer reasonably believed you comitted a crime. You were indicted by a grand jury based on the arrest and the ADA's preserntation of the case to the GJ. The mistake was fixed when the charges were dropped.





Write a letter to the editor of the paper. Perhaps they will publish it and you will have your fair response published. But the public who read it may just think you are whining.





But I have to ask: just what damage has been done to you?

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