What can I do if I recently got stopped and arrested by the police for a bench warrant that was sent to the wrong attorney so I never received notification to appear in court?

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What can I do if I recently got stopped and arrested by the police for a bench warrant that was sent to the wrong attorney so I never received notification to appear in court?

I also was told that my license is suspended and I did not receive notification of that either. I spent 4 days in jail. Can I sue for negligence or false imprisonment?

Asked on June 16, 2015 under Criminal Law, South Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can potentially sue if they sent the notification to the wrong attorney or wrong address.  It would be considered a basic civil rights violation.  If you do want to do this, you really need to hire or consult with an attorney that routinely handles civil rights claims.  Governmental entities are extremely hard to sue because they have this legal shield called governmental immunity.  You need someone who has experience in overcoming immunity defenses.

To deal with the other matters-- namely the driving while licenses suspended, you need hire a criminal or traffic ticket attorney to resolve those issues so that they don't continue to be a problem for you.


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