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

Asked 5 months ago - 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. John Michael Phillips

    Contributor Level 19

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    Answered . 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... more
  2. Leticia L Valdes

    Contributor Level 14

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    Answered . You need a criminal defense attorney.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more
  3. Maria Teresa Rodriguez

    Contributor Level 3

    3

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    Answered . 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.

  4. Julia E. Simmons

    Pro

    Contributor Level 17

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

  5. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

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    Answered . 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... more
  6. Eric Mitchell Christianson

    Pro

    Contributor Level 8

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    Answered . 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... more

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