Can i sue the state for violating my civil rights

Asked almost 4 years ago - Brooksville, FL

if i moved here from texas,on a previous felony deffered adj,and completed the probation,in which was judged and ordered early term,and adj deffered,can florida make me register as con felon? beacause i went to the DA's office and they said there is no record of any felonys for me here or texas

Additional information

well it was no contest i can still vote,here in Florida,Im a medical assitant,long story short,i had pulled out a taser for self defence,(on a man) sheriffs office 2 weeks later came and arrested me for poss of firearm by conv felon,was in jail for 5 days and my fiancee went to the DA's,PD office,clerk of court,and then to the sheriffs office to file a Internal affair report,cuz the arresting det asked me if i ever been arrested,i told him yes in texas finished the last of my probation here (early term) he asked if probation made me register on the "convicted felon list",i said yes. DA's office reversed the warrant after given the texas court papers,saying 'no info'.the LT of sheriffs office ,even called my fiancee to advise him of ther lack of knowledge,and that i was only arrested for being on this list,reguardless of having no felonys,or convictions on my record.id like to go after them for false imprisonment,why eles did they drop the charges then? the florida DA's office says i have NO convictions

Attorney answers (2)

  1. Leonard Louis Cagan

    Contributor Level 6

    Answered . Your question asks whether you can sue the state. Yoiu may have a cause of action but it does NOT appear that the State of Florida would be the appropriate "culprit." It appears that the State investigated the case and appropriately dropped the charges. To be convicted of the charge of Felon in Possession of a Firearm in the State of Florida, there must be a prior FELONY CONVICTION. This prior conviction can be from another state but it must be a conviction or Florida's equivalent. Many deferred prosecution agreements may require some type of plea or contract, but they do not typically result in a conviction unless the party fails to abide by the terms of the agreement. It is the job of the arresting agency to verify that probable cause exists for the arrest before making it. If you have any further questions please call my office at 352 683-9100 and I will point you in the right direction.

    Disclaimer: This answer is not meant to be legal advice and does not establish an attorney-client relationship. Any case of this type is governed by strict time limits which could bar your claim if not brought in a timely manner.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Hello.......Under Texas law, prior to receiving deferred adjudication from the court, you as the defendant were required to enter either a plea of guilty to the charges or a plea of no contest to the charges against you. Either way, the plea you made means that you, as defendant, admitted to the crime charged. (I understand it was a felony of some kind.) So, which state do you want to sue?

    Texas has not violated your rights. It fulfilled the bargain of your plea agreement and "there is no record of any felonys". Florida has not violated your rights either, because you indeed are a felon under the terms of your plea. Presumably, you took the deferred adjudiction in Texas so things wouldn't end up worse for you than the terms of your probation, right. So, you got the benefit of the plea. So, which state do you want to sue?

    Good luck and God bless you.

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