How can I dispute the tow charges since was son was released with no fine?

05/02/2009 - Criminal - State: ID #16520

Full Question:

My son was arrested in Washington State (near Everette, Snohomish County) for malicious mishchief (property damage under $50). My vehicle was towed and impounded. My son was given an unconditional release from the County Jail the very next day. My tow charge was $481 - the tow was 17 miles, but the company had to wait for the officers to 'inventory' the vehicle. Can I dispute the tow and storage fees, as my son was released and did not have any fines?

Answer:

The answer will be a matter of subjective determination for the court, based on all the facts and circumstances involved. It may be possible to have the towing charges claimed as damages if a false arrest claim is filed. In order to succeed in a false arrest claim and recover damages, it must be proven that probable cause for the arrest didn't exists. I suggest your contact a local attorney who can review all the facts and documents involved.

Please see the information at the following links:

http://definitions.uslegal.com/f/false-arrest/ http://definitions.uslegal.com/p/probable-cause/ http://lawdigest.uslegal.com/criminal-laws/search-and-seizure/ http://lawdigest.uslegal.com/criminal-laws/evidence/ http://lawdigest.uslegal.com/criminal-laws/criminal-procedure/ http://definitions.uslegal.com/r/reasonable-suspicion/

05/02/2009 - Category: Criminal - State: ID #16520

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