I was arrested for resisting officer without violence. I was put in jail, had to be bailed out. I had to pay for being in jail, Had to pay a bail bondsman to get me out of jail. had to get a public defender and wife had to take time off from work to go to court. not to mention all the aggrivation this has caused. I plead not guilty and took to trial. went to trial today but before that happened they dismissed the case nolle pros. I want to know if I have any recourse for all of this.
Yes you can sue the police department however they enjoy qualified immunity.
It is a high burden to overcome.
The ultimate issue will be whether or not there existed probable cause for your arrest.
The legal standing and the merits of a possible civil action against the police department must be evaluated by a very good local attorney in Florida who will examine the viability of your case in person. Without meeting you it is impossible to state whether you have a case based on one short Avvo paragraph.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com