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ibcyds · Jun 2, 2013, 03:09 PM

I was recently arrested and spent 6 days (holiday weekend) in jail. I was in court for a divorce when the judge said there was a warrant for my arrest and the divorce hearing would be postponed until the warrant issue was resolved. I had no idea why I had been arrested. A friend found after extensive research, that the charges were for a crime someone else committed. The charges were dismissed. I am uncertain how my name and SSN were even associated with this case or who filed the charges. As a result of this false charge, I lost my children, my home, and 6 days of my freedom. How do I find out who filed these charges and how can make them be held responsible for their actions and the damage it has caused in the lives of my children and myself?

JudyKayTee · Jun 2, 2013, 03:55 PM

Hire a Private Investigator - or retain an Attorney and ask him/her to hire an investigator.

How did you lose everything because of the false arrest? That will be important.

ScottGem · Jun 2, 2013, 04:09 PM

OK, what it sounds like happened, was as a part of the divorce case a background check was done on you. That check found an outstanding warrant that matched you enough for the judge to report it.

If that is the case, there were no false charges, but rather a case of mistaken identity.

Now the question of what info was associated with that case that matched yours would require a PI or attorney to determine.

What I don't understand is how, if the charges were dismissed and the police acknowledged you weren't involved, how did that cause you to lose your children and house? It appears you were already in a divorce case before the warrant came to light.

ibcyds · Jun 2, 2013, 08:45 PM

I was in the midst of a divorce. This came to light and as a complete shock at the hearing. The judge issued the temporary orders until the warrant issue was resolved. The earliest court date is still over a week away. In the mean time can't be with my children and I have no home. I am just at a loss as to how this stuff can happen to innocent people. I'm not a fan of lawsuits, but someone needs to be held responsible for the unnecessary damage caused to my family!

ScottGem · Jun 3, 2013, 03:02 AM

Still a bit confused. What temp orders did the judge issue? Why can't you see your children? Is the mother refusing visitation? Was she refusing visitation before the postponement? Did you not have a place to live before this came to light?

Sorry, but stuff like this happens to innocent people all too often. I'm also still not clear on exactly what happened. You should have been told, how you were associated with the warrant.

Fr_Chuck · Jun 3, 2013, 03:08 AM

The district attorney files the charges, and there is nothing you can do against the state. They would have reivewed the evidence for a judge to sign a warrant for your arrest.

It is common for a person to have their ID stolen by someone, and a crime to done. My son last two jobs because someone else did a crime using his name.

There is little you can do. Next you would not have stayed 6 days in jail, unless you coud not make bail. So why did you not pay bail and get out next day.

This should nave no effect on divorce, since of course that case was posponed till it was cleared up.