Tampa, FL asked in Civil Rights for Florida

Q: If you beat a case but did year or more in process of beating the case, can you sue from time taking away from you?

If you don’t have a valid identification card what rights do you have as a inmate and a non inmate

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I can answer your first question, but your second question makes no sense. If you "beat" a criminal charge due to acquittal, dismissal by the Court, or the prosecution dropping the charge, and without a plea bargain, you may have potential claims for money damages for false arrest/false imprisonment and/or malicious prosecution, as well as other possible grounds - but you do NOT automatically have such potential claims.

There would have to be proof of lack of probable cause for the arrest and/or for the prosecution. Probable cause exists if the facts would give rise to a reasonable belief that the accused is probably guilty. Even if a person is 100% innocent, a law enforcement officer might still have probable cause, in which case, it's not an actionable false arrest Therefore, you need to consult an attorney handling police misconduct cases to determine if you have valid and worthwhile potential claims.

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