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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113485
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in florida and have been citied the piece my country

Customer Question

i live in florida and have been citied for disturbing the piece for playing my country music to loud i reserched my local and state laws which state i can play my music at 55 db till 11pm and after that 50db the police cited me for disturbing the piece and arrested me with a brutal take down and beating what is the law?and do i have recourse ?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Do you have proof your music was not above the required decibel levels specified in the codes?

What happened to the original charges of disturbing the peace?

They arrested you using excessive force, were you injured?

Customer: replied 1 year ago.
i have a db meter that according to the law cant be over 55db state 60db local but i did 55db the charges were issued last night as well as resisting arrest which i didnt and my dad witnessed the whole thing i have a wrist injury and was detained and told i was going to jail for 2+ hrs in back of police car and taken to parking lot at local grocery story and the brought home and released i signed some papers but police did not give me any copies i was hit with a baton and handcuffed
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Okay, the first step here is you have to fight the charges and get found not guilty. If you are found guilty or enter some plea to the charges, then this will ruin any civil case you may have.

For excessive force and for false arrest, you have to prove in court that the officers violated the law, which would be proof of gross negligence. You have to prove more than ordinary negligence in a civil suit against the police because the state law in FL grants them statutory immunity from suits resulting from ordinary negligence. So this is why you have to get the criminal case handled and found not guilty or dismissed before you can proceed on your civil action against the police officers for improperly charging you and for the use of excessive force when you were not resisting them.

They of course brought you home, because this type of charge calls for only a summons and they knew they exceeded their authority. So that is part of your potential civil claim against them. However, you have to handle this in steps, first disposing of the criminal charges and then the civil suit for false arrest, excessive force, which are civil rights violations.

You will need a local attorney in FL, because FL courts pretty much will dismiss or ignore many pro se cases. You first need a local criminal defense attorney to get the criminal case handled. Then upon succeeding in that, you would use a local civil rights attorney to go after the department and officers for overreacting and how they handled this matter.