Kissimmee, FL asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida

Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because it didn’t prove me to be drunk and the police officer shouldn’t have arrested me when i was the victim who called about a gun . I want to know if i can Sue .

3 Lawyer Answers
Kevin John Mawn
Kevin John Mawn
Answered
  • Criminal Law Lawyer
  • Titusville, FL
  • Licensed in Florida

A: It is best to consult with a civil attorney who handles this type of claim.

Charles M. Baron agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I believe the term you're looking for is "nulo contendre". It is "law Latin", meaning "no contest"; essentially the same as a plea of guilty. But if the charges were dropped, it doesn't make sense that you would have entered such a plea.

Charles M. Baron agrees with this answer

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

A: You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo contendere) plea, you have potential claims if you also had a Withhold of Adjudication - but in that case, you'd likely have difficulty finding a lawyer to represent you. If you pled no contest and had an Adjudication of Guilt (conviction) on any charge, you cannot make a claim.

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