Miami, FL asked in Civil Rights and Constitutional Law for Florida

Q: has my sons civil rights been violated ?

As a juvenile the police railroaded him for SOME things he didn't do, cause he would not tell on anyone he knew that they would ask him about, they used to pick him up as he left school to take him to the station just to release him later, now he has been to every court date, turned himself in when he was suppose to, did his probation as a juvenile, now he has gotten into trouble age 19 now,again helping someone else out, he's been going to court, again never missed a court date, on a Thursday May 24 he went to court, by that Saturday he was arrested for a warrant the police said a judge signed , {they said that before and it wasn't true,that was thrown out of court} but he has been sitting in the PTDC in miami, on a charge they say was from 2 years ago as a juvenile, they sent him to juvenile court which sent him back to the adult they changed PD 6 times , no one has seen him yet or talked to him on this case, the MGP harassed my family, i know he's not perfect, but he's not a animal.

1 Lawyer Answer

A: You would have to show all police reports, court papers, and other relevant documents to a lawyer in an in-person consultation to get a meaningful answer to your question. Also, your inquiry is a bit vague as to what aspect of this whole thing you believe possibly may be a civil rights violation. In criminal accusation situations, the issue is whether police had "probable cause" to make the arrest/file the charge, and whether the State has "probable cause" to bring the prosecution. Probable cause basically means there is a reasonable belief that the accused has probably committed a crime, though the accused is innocent unless and until proven guilty in court.

If you are wondering about the statute of limitations, your son's lawyer (public defender) will well be able to analyze that and do something about it happens to be an issue.

If you are wondering about the harassment by the police that you referred to, you must be very specific about exactly what you consider to be harassment, including who, what, when, where, how, and the end results/damage caused by any such incidents.

As an aside, your son obviously needs to exit from whatever lifestyle is causing him to "help someone else out" that only results in him ruining his reputation and future chances for success (now that he's an adult). Look for something to help himself out.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.