What options do we have after the judge mixed up paper that led to an arrest? 2 Answers as of January 27, 2011My ex was arrested yesterday on a violation of her probation that was entered in court as being settled on Jan 14 of this year. Her probation officer left me a voice mail saying that the judge had to have made a mistake as he was never notified of the warrant being reissued. Is this something that after it is cleared up she can take action toward the state for? This is in Pennsylvania.
The Connelly Firm P.C. | Thomas Connelly
Probably not. Judges are generally immune from liability when acting in their official capacities and the police are permitted to arrest based on a warrant that they have no reason to believe is defective. I would recommend she just let it go. It sounds like she got a break on the VOP anyway.
Answer Applies to: Pennsylvania