I was denied bail on a misdemeanor charge for 2 months, can I sue?

Question: I was charged with a misdemeanor charge and incarcerated without formal booking or arraignment. My first court date, a month later, was adjourned without me seeing the judge. I was denied bail for 2 months without seeing the judge. Finally I was arraigned and given bail after 2 months. In this time I lost my job and apartment. Can I sue the city for mishandling my case?

David's Answer: You cannot sue the Judge for denying you bail. That said, you may be able to sue based on false arrest, depending on whether you're victorious in your criminal court case.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

Time limitations for federal complaint 1983. Please attorneys give a detaliled answer. Than you.

Question: I was arrested the police beat me and my mom sexually assaulted her both arrests too on 1-4-2011, but i was granted a suppression of evidence by the criminal judge on the grounds of no probable cause to stop and no probable cause to arrest on 11-19-2012. The motion of dismissal was granted on 11-19-2012 see heck vs humphrey. Question my lawsuit filed on 9-5-2014 does heck vs. Humphrey allow all my claim in under the two year statue of limitations rule. Does it start running the time limits from the date of the criminal case being dismissed on 11-19-2012 according to heck vs. Humphrey? Or due need to seriously argue tolling asap. Federal question on all my claims assault , sex assault, false arrest , and malicious prosecution. Whats the time limits by federal law 1983 claims

David's Answer: If your claim is one of false arrest based on a January, 2011 arrest date, and you filed your lawsuit more than 3 years after that date, then it's most likely too late.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

How do i file a notice of claim to the NYPD and ACS. In what court can i start my lawsuit.

Question: about 6 month police officers came to my home demanding to speak to this person, that did not reside in my apartment. I explain to them that i did not know this person and i am the only who lived in the apartment. They dragged me out of my home, placed me in a mental health hospital and call ACS. Now i have all the ACS documents i'm just wondering can i sue the NYPD and ACS for violating my rights and my child. My child is scared of police officers and now an ACS case in court still pending. my child was not removed from me because the judge refused to remand my child.

David's Answer: If the incident occurred about 6 months ago, then you most likely missed your 90-day deadline to file the notice of claim. That said, your statute of limitations to file your federal claims is generally 3 years. That said, you should move timely to file your case in federal court. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

What is statue of limitations on civil suit against cps?

Q:  i took my grand children and gave them to cps because I am disabled.

A:  David's Answer:  You had 90 days from the date of the alleged wrongful removal to serve a notice of claim to preserve state law claims. You then would have 1 year & 90 days within which to file a lawsuit based on state law claims. You generally have up to 3 years from the alleged wrongful removal to file federal claims. You're best advised to schedule a consult with a civil rights lawyer in your area for a full assessment.   -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

If incorrect/non-investigation/NOT following due process by police/sheriff personnel constitute a Civil Rights Violation?

Q:  If the police/sheriff/law enforcement personnel DID NOT do a good job of investigating a criminal complaint by a victim/citizen Constitute a Civil Right Violation? 

If the victim believes there is a clear evidence of 'crime' and due to 'connections' of the alleged criminal/s, the victim also believes the police/sheriff/law enforcement officers DO NOT do their investigation diligently and ignore the complaint nor respond to the victim about the details of the investigation. 

Can this be construed as 'violation of Civil Rights' for the victim for 'denying' the right to due process of investigation of the complaint? 

As per DOJ website, this can be a CIVIL rights Violation by Police/Sheriff/Law enforcement agency and DOJ will take this complaint. Is this a possibility?

A:  David's Answer:   I cannot assess whether DOJ would take the case, as that's something you'd need to contact them directly about. As for a private civil rights claims, the answer is most likely not. Only very rarely are lawsuits successful against police for failure to investigate, and it's usually only where police do something affirmatively to facilitate the crime or where they've assumed some specific duty of protection regarding that particular individual. Schedule a consult with a NYC civil rights lawyer for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)

When my son was arrested, the police came to my house which a Warren and took item and money Belong to me. Is legal?

Q:  Two days later they came again which a Warren 
And took my car 
How can I get everything back.

A:  David's Answer:  You can have your son's lawyer obtain a copy of the warrant to see whether the property was authorized by the Judge to be seized. If not, then you can put in a claim with the Police Dept. to retrieve the items:http://www.nyc.gov/html/nypd/html/property_cler.... Schedule a consult with a NYC Civil Rights lawyer for more info.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)