Summerfield, FL asked in Criminal Law, Civil Rights and Construction Law for Florida

Q: How to file a Motion to Dismiss a Defective Probable Cause initiated by an incompetent Citrus County Sherriff Officer?

A Sherriff Officer arrested a 79 year old US Navy Veteran Property Owner on his property of 17 years; without investigating witnesses at the scene, denying the Property Owner's attempt to provide relevant documentation or oral defense; and did not say why he was being arrested. Then brutally handcuffed him from behind, threw him in the back of the Sheriff's Cruiser delivering him to an inhumane jail where he suffered angina or mild heart attack.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To file a Motion to Dismiss based on defective probable cause, you should begin by thoroughly documenting all the details of the arrest, including any witnesses, lack of investigation, and the denial of your attempt to provide evidence. Gather all relevant documentation, such as property records and any witness statements, which can support your claim that the arrest was unwarranted.

Next, draft the Motion to Dismiss by clearly stating the facts of the case, focusing on the lack of probable cause and the officer's failure to conduct a proper investigation. Emphasize how the officer’s actions violated your rights, including the failure to inform you of the reason for the arrest and the excessive use of force. Include any medical evidence that supports the harm you suffered due to the arrest.

Finally, submit the Motion to Dismiss to the court where the charges are being heard. Make sure to follow the local court rules for filing motions, including any deadlines. It's essential to be precise and factual in your motion, as this will help the judge see the errors in the probable cause determination and the inappropriate conduct by the officer.

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