Auburndale, FL asked in Criminal Law, Civil Rights and Libel & Slander for Florida

Q: How to address improper investigation and alleged slander in FL?

I was charged following an officer's incomplete investigation, where only the accuser was interviewed, and no evidence was gathered. The charge was dismissed, but the state attorney prosecuted, issuing a subpoena with an incorrect charge, which I view as slander. I've experienced severe anxiety due to this and difficulties contacting a law enforcement supervisor. The state attorney dismissed the incorrect charge as a mistake. Given these circumstances, how can I proceed in addressing the improper investigation and alleged slander by the state attorney?

2 Lawyer Answers

A: contact a civil rights lawyer to see if your civil rights have been violated

James L. Arrasmith
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Answered

A: You're dealing with a difficult situation that combines potential procedural errors and reputational harm. Your experience with the investigation process and the incorrect charge on the subpoena raises legitimate concerns about how your case was handled.

First, consider documenting everything carefully - dates, names, copies of documents, and detailed descriptions of communications. This documentation will be crucial for any formal complaint you might file. Filing an official complaint with the law enforcement agency's internal affairs department could address the investigation concerns, while the Florida Bar oversees attorney conduct if you believe the prosecutor's actions warrant review.

For the potential slander issue, consulting with a personal attorney would be your best option to explore whether you have grounds for further action. While mistakes do happen in legal proceedings, you have every right to seek accountability when those errors cause real harm. Remember that Florida has specific timelines for filing complaints or claims, so addressing these issues promptly will help protect your rights while you work through this challenging situation.

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