Charlotte, NC asked in Civil Rights and Criminal Law for Florida

Q: A lady made a false police report, which caused me a felony charge and time in jail. Is there anything I can do?

My sister was driving and cut this lady’s car off. We didn’t realize it until the lady was spewing curse words at us to which we kept driving and ignored. We got to a light and the lady got out of the car and proceeded to yell and spit at us. At that point we got out of the car she fought my sister and we got back into the car as soon as it was over and drove off. The lady then went to the cops and made a report saying for no reason at all we came up to her car and pulled her by her hair out of her car and between me my sister and my best friend all jumped her(my bf never stepped out the car in the real story). We all were taken into custody and were told to confess. My best friend and my sisters case got dropped pretty quickly. However, I took a plea deal because everyone was out of jail by then, for some reason my case was taking longer and I wanted to get out. It has been hard getting a job since. While there’s a lady out there starting problems and telling lies(case is 10yrs old)

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If you ill-advisedly plead guilty to a charge, no there is nothing you can do.

Gary Kollin agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Whether you have the right to sue depends on the technicalities of your plea deal, but as a practical matter, it's extremely unlikely that any lawyer would deem your potential case to be worthwhile due to the fact that you took any deal at all, rather than attempt to prevail. If you pled guilty and accepted a conviction, you cannot sue, as you admitted guilt. If you pled no contest and received a withhold of adjudication, you would a right to sue because you were not adjudicated guilty, BUT it's extremely unlikely that any lawyer will take your case for a few reasons, starting with the fact that you decided to exit your vehicle and engage in a confrontation, making the outcome of your potential case unpredictable at best. By exiting your vehicle, you were really asking for trouble!!

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