December 24th 2011 I was assaulted by the Fort Lauderdale Police departments private detail they had working at a club in the City of Fort Lauderdale. Yesterday I was found not guilty by a jury of my peers of resisting arrest, a trump charge.. What is my next step?
YOU have good case - see an attorney that specializes in police misconduct matters ASAP! They should take your case on a contingency basis! I truly wish you the best of luck! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?
Family Law Attorney
If you have had no prior convictions under Florida law, you can seek an expunction of your file on this arrest.
As for any subsequent lawsuit against the Police, there is not enough information to determine whether or not they acted outside the law in arresting you for this charge.
1 found this helpful
9 lawyers agree
Personal Injury Lawyer
Find a lawyer that handles police misconduct cases to represent you. Your current lawyer might be able to help you in that regard.
Just being acquitted does not mean that you have a good case. There are multiple legal issues and potential liability under state and federal law. A detailed fact-based analysis is necessary.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me email@example.com, or visit my website http://www.millerlawoffices.us
Personal Injury Lawyer
This is possibly a case of malicious prosecution and a federal 1983 suit for violation of your civil rights. In Florida, one must prove six elements to prove a case of malicious prosecution:
(1) a criminal or civil judicial proceeding was commenced or continued against a present plaintiff;
(2) the commencement or continuation of that proceeding was caused by the present defendant;
(3) there was a “bona fide” termination of the proceeding in the present plaintiff’s favor;
(4) there was no probable cause for the judicial proceeding to be commenced or continued;
(5) the present defendant commenced or continued the proceedings against the present plaintiff with “malice;”
(6) the defendant caused legally cognizable damage to the present plaintiff.
See Central Fla. Mach. Co. v. Williams, 424 So. 2d 201, 202 (Fla. 2d DCA 1983).
Based upon your facts as you have presented them, I think you may have a good case. As a former police officer, I find police actions offensive.
3 lawyers agree