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What kind of legal action and type of lawyer do you get when the police arrest the wrong person?

Stuart, FL |

Daughter's (Nikki) mother in law, Laura, beat her so severely it gave her a concussion, 2 black eyes & bruises from head to toe & her husband, Aaron witnessed it. Laura called 911 & manipulated the scenario. Claimed she had been attacked and over 6 times in less then 2 1/2 min. complained of having back and neck surgery... NEVER mentioned her grandson during call & refused medical attention 2 X's. Nikki's injuries prevented her from being able to tell the cops who gave her the black eye & they assumed she was drunk because Laura said she was but had post traumatic amnesia & we believe had been drugged... She was unable to fight back & protect herself. Both Laura & Aaron lied to the police (Aaron is afraid of his mother) & Nikki was arrested and issued a No Contact Order then they fled.

Attorney Answers 6

  1. This sounds like a problem and case, but needs more discussion. The police must assume reports are true, but have resources available before they act... especially with such force. However, the question is were the officer's acts reasonable under the circumstances, what is in their background and detailed analysis of what happened. These cases are very difficult and fact intensive. Call a local personal injury or civil rights lawyer.

    Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not attorney-client communication and you should consult a lawyer promptly about any legal matter.

  2. Sounds like you need a Criminal Defense attorney in Florida to handle your case.

  3. You need a criminal defense attorney.

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  4. you need an attorney willing to immediately apprise the state that law enforcement arrested the wrong person and their 'alleged' victim made a false police report, punishable by law. in fact, the state needs to immediately know before they subpoena the alleged victim and law enforcement from the incident. it's only after the 'invest' that the prosecutor decides whether or not to file formal charges (an 'information'). best to nip these situations in the bud.

  5. It will be incredibly difficult to convince the court that there was an outright lie about an incident, but it there is an actual mistake then it can be remedied by a criminal defense attorney.

    Information provided here is not legal advice and do not establish an attorney-client relationship. Please call for a consultation. The facts on this site are typically not enough to make an accurate determination as to the disposition and options involved in your case.

  6. Speak to a civil rights lawyer about this.

    If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.