Quincy, FL asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Georgia

Q: Officer violated many rights, not guilty, denied jury trial, no attorney given, 14 years later can I take it to court?

Sitting at stop sign, officer turns around & pulls me over. Illegally search car, impounds car, take me to police station, forces me to give a UA, did not read me any rights, wrote a citation and made me pay to leave station, he said that if the UA comes back positive he will file the charges, if negative he will not file. Went to arraignment Pled not guilty, signed the paper for not guilty, went back to court and I plea not guilty, judge gets mad & makes me take a UA in courtroom, then I get put into a cell in the courtroom in the back. Held for a while, I'm told to cooperate if I want to get out, they release me out of the cell, I go back in front of the judge and I am told that I have 12 months probation, Alcohol & drug course, 12 MRT sessions, 40 hours community service, DL suspended 1 year, $570 fine, $44 to PO monthly, & I had to talk to PO and I had to spend 24 hours in jail. Threatened many times by PO that she was going to lock me up. I was not DUI.

2 Lawyer Answers
William C. Head
William C. Head
PREMIUM
Answered
  • Criminal Law Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: I know of no law allowing any lawsuit 14 years later. The law in every state puts time limits on when litigation must be pursued, and you fit none of the exceptions to allow this out-of-time filing.

William C. Head

Atlanta, GA

Robbie Levin
Robbie Levin
Answered
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: 14 years is too long to wait. The statute of limitations for filing a civil suit has long expired.

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