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I was pulled for window tint in friends car 10 unites an…

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I was pulled...
I was pulled for window tint in friends car 10 unites an held for 30 plus min an I-9. And so they say alerted I was charged with drug that was never there an imprisoned for 12 days I wore both cameras state attorney was shown an all charges where dismissed even window tint to cket
Submitted: 8 months ago.Category: Legal
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Answered in 4 minutes by:
11/15/2017
Lawyer: Zoey, JD, Attorney replied 8 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,442
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. What is the question you have about this incident? When you say the matter was dismissed, was it never prosecuted, or was it dismissed after you served a sentence of some sort and successfully completed it?

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Customer reply replied 8 months ago
false arrest false imprisionment??
Customer reply replied 8 months ago
Never prosecuted an 12 days no bond presented lawyer with body cam he took to state attorney an they released me no further prosecution
Customer reply replied 8 months ago
Charges Dismissed
Lawyer: Zoey, JD, Attorney replied 8 months ago

It's not a given that just because you win a case you can then have a successful suit against the police. One thing that you would have to establish is that the arrest and the iincarceration was made without probable cause. That's the biggest stumbling block to any suit against the police, because police must have probable cause before making an arrest.

Here, however, you may be able to show that the initial stop was pretextual to begin with and that the drugs with which you were charged were never recovered. You also have video evidence to support your position. So it sounds to me as if you'd have a very viable suit.

You would need to find a civil litigator who handles these types of matters. He can look more deeply into your evidence than I can here, but it sounds to me as if your chances at trial would be worth the cost of litigation.

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Customer reply replied 8 months ago
Never where I givin a window tint ticket or told why I was under arrest until got to jail nor was my mirranda rights read an the fact it took 28 mins to get k-9 there there's statue gives them 14 mins to do so I believe it's called Gonzalez law in fl an on tape they were saying couldn't get drug test to crack or pop
Customer reply replied 8 months ago
Made adscenory remarks slander etc ect
Lawyer: Zoey, JD, Attorney replied 8 months ago

Again, it sounds as if you have a viable suit and that the police overstepped their Constitutional authority when they stopped you and arrested you and took you into custody. Additionally, the atter ended favorably as to you.

You need a civil litigator and you should get on this as quickly as you possibly can. In the first place it may be take time to find a lawyer who is comfortable suing the police. Secondly, there may be notice requirements before you file suit and you don't want to miss any filing deadlines.

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Customer reply replied 8 months ago
What's. Are filing deadlines in state of fla
Lawyer: Zoey, JD, Attorney replied 8 months ago

You have four years from the incident to file suit. But you only have three years to put the county on notice of your intent to sue the police.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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