How do I know if I was wrongfully imprisoned? 6 Answers as of August 04, 2011

I was released on bail (ROR) on a felony charge for a specific intent crime of RSP in California. My rental car company negligently didn't update the records when I extended the rental agreement. After the arrest and being detained, I was forbidden to leave the state of California. I continued to negotiate with the rental car company to pay any proper fees, but they knowingly committed insurance fraud (as verified by the California Insurance Commissioner's Office) and tried to extort me for extra money. My charge was dropped to a Misdemeanor and I was told by the D.A.'s office that if I signed a written compromise not to sue the Rental Car Company and promise to pay them the amount they want (including the illegal insurance fees) they would drop the case. They haggled me for a year and a half, even after they discovered I was never emailed, called, or received written notice from the Rental Car company and that my bank records proved I had adequate funds to cover the rental. I never concealed the car, it was parked in my law school parking lot next to City Hall. When I refused to accept the "deal", a month and a half ago and presented them with evidence that the rental company lied to them, had done dishonest things to other customers, was filing bankruptcy, told me there was no one to pay because they were filing bankruptcy, and admitted their rental agent made a mistake, the D.A.'s office said they did not care. I was told to take their deal and pay the bankrupt company or else. When I didn't accept the deal to pay the fraudulent insurance they recharged me with 2 felonies and now I am forbidden to leave California and I cannot join the USAF as I had planned and this is harming my law school career. They were informed in writing by the Insurance Commissioners Office that the rental car company attempted to defraud me and they refuse to drop the charges? Is preventing me from the leaving the state by charging me with felonies in order to strong arm me into

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Way, way too complicated to answer on a post. The bottom line here is that, instead of representing yourself because you were in law school, you should have either accepted a court-appointed attorney or hired one yourself. An attorney knows how to negotiate with the DA, knows how to negotiate with the insurance company, knows how to handle the case itself. By handling it yourself with your insufficient law school education (no knock on law school, it just doesn't teach you the nuts and bolts of handling a criminal case other than theory), you have probably crossed a lot of lines and pissed off a lot of DA's. You need to get a lawyer, my friend. You'll be surprised how quickly this will resolve.
Answer Applies to: California
Replied: 7/22/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Why aren't you talking to our attorney? Please do not say that as you have had some law school you can handle this. Foolish position. If you do not have an attorney, get one. You can also get release from court to travel.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Sounds like you need an attorney. Your words have very little effect on the DA's office. It takes an attorney to file certain motions to get the job done.
Answer Applies to: California
Replied: 7/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You dont get to pursue or argue any of your wrongful claims and allegations against the company unless and until you resolve the criminal charges in your favor by outright dismissal with a declaration of factual innocence. If convicted of the charges, you have no civil case. If you plea bargain the charges, you have no civil case. Even if you get such favorable outcome, you have a worthless case against a bankrupt company. Therefore, focus on your criminal defense and make intelligent decisions, not emotional ones.
Answer Applies to: California
Replied: 7/21/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    This scenario is well beyond what a simple online question and answer can cover. You've got issues of potential vindictive prosecution if they upgraded your charges just because you refused to plead guilty. From what you wrote, you may have a complete defense to the charges, but it's going to take sitting down with your attorney to discuss the specifics of the case, the evidence against you and what they can (and more importantly can't) prove against you. For a case going on for as long as it has, I can only assume you have an attorney representing you. You really need to direct your questions to them, as they have all the details of your case. If you're looking for a new attorney, get a copy of your file from your current attorney and sit down with another defense attorney in a consultation to get a more thorough analysis of the situation.
    Answer Applies to: California
    Replied: 7/21/2011
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