Was it legal for me to be arrested on felony charges? 6 Answers as of April 20, 2011

I was detained pull off of casino floor not knowing what's happening then told me I look like a girl they had a picture of that they say some guy said she took 10,000 from last month. They asked for my info, handcuffed me, put me in the car then let me out of the car and they would turn over to detectives and issue felony warrant for my arrest. I'm dumbfounded can they do this? I cooperated and they treated me really bad.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If they had probable cause to believe you committed a felony it was legal to arrest you. I would consult an attorney if you think they are about to issue a warrant for your arrest.
Answer Applies to: California
Replied: 4/20/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
CAN they? Of course. They think they can convict you.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do?

Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You face potential prison or jail time and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it.

Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 4/19/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Can they get away with it? Clearly. Should they be able to do so? Clearly not. Is there much of a remedy for you? Sadly, no. First of all, even if this happened off of a Native American Reservation (a "sovereign nation"), you would face an uphill battle bringing the police to justice for the violation of your rights, and not only are they aware of that fact, they smugly rely upon it. Secondly, you will have to file a complaint/grievance/claim directly with the Tribal Council of the tribe in who's casino (and on who's reservation) the incident occurred. The Council will decide if you can make a claim (you heard me correctly), and even if they then do acknowledge your right to make the claim, will then deny your claim. If and when that felony charge is filed, go to trial. Reject, in the strongest possible terms, any offers by the District Attorney or any attempt by your appointed attorney to get you to settle the case without a trial (or you have no one to blame but yourself, since you would have helped the very organizations - thetribe, the tribal police, the involved law enforcement agency, the District Attorney's Office -thatviolated your rights and injured you to furtherhumiliate,degrade and, importantly, to cost you).
Answer Applies to: California
Replied: 4/18/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
It sounds like you match the description of the person they were looking for. this gives them cause to ask for your SID info and ask you some questions about the investagiton . You do not have to answer the questions about the investagion it is your 5th ammendent right not to. I f they let you go they moust not think you are the person they are looking for. they said that they were turning the contact report over to the detectives to review. If they feel that you maybe the person they are looking for they will cconbtact you. You have to be charged to have a warent out for you. You have not been charged. handcuffing you was a little far to go.
Answer Applies to: California
Replied: 4/18/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
I doubt seriously if the DA would file on this.
Answer Applies to: California
Replied: 4/18/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    They can do it if they have sufficient evidence. But it's also very possible that you may have heard the last of this. Unfortunately, you are in a position where no news is good news. I'm very sorry this happened to you - cooperation is no guarantee of decent treatment, nor are the police on your side when they're trying to gather information. If you want, you can have an attorney make some calls for you to see if more is going to come of it, but this also has the down-side of stirring up the pot again.
    Answer Applies to: California
    Replied: 4/18/2011
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