Tuesday, December 2, 2014

Myself, my mother and my sister where arrested for trespassing by our neighbor because we went through their yard to get to my father whom w...

Question

Myself, my mother and my sister where arrested for trespassing by our neighbor because we went through their yard to get to my father whom was on another neighbors yard. He was in a physical fight with that neighbor and we were trying to get to them to break it up. We spent three hours in jail and a small fortune to bail us out. My mother is still upset by the ordeal. The neighbors that pressed charges are friends with the other neighbor and did it to spite us. I wanna know if we have a legal ground to file a lawsuit against the neighbors who pressed charges or the sherrifs department. I read up on the Good Samaritan act law and curious if that right was violated?



Answer

Unless you had permission to trespass, then your rights don't appear to be violated. Good Samaritan act, for what? However, it is not your neighbor's decision to decide to press charges. ONLY the State Attorney can decide that. They might find it not worth prosecuting, but you should get an attorney to help you do that and to advise you about any other defenses.



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