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Can i file a law suite on a local police department for falsely charging me and a resting me when i was the victim.

Kissimmee, FL |

i was raped and filed a police report and had a rape kit done,and three weeks later the police put a warrant for my arrest and the case never went in front of a judge and the state found my report too be truthful.Now it is showing on my background.

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Attorney answers 3


You really would need to give us more facts to determine if we can help you. Also i would caution you that this is a public forum and thus your statements are viewable to all. I would also suggest you post your question under false arrest or civil rights. take care and good luck. I am sorry you were the victim of a sexual battery.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714


Your best bet is to discuss this with a local criminal defense attorney and not disclose any more info on a public forum, good luck.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


I cannot imagine circumstances that would have resulted in what you have stated. I have to agree with my colleagues that you should sit down and discuss this with someone face-to-face. There is no good reason for you to type the sort of sordid details that will have to be discussed to even begin to start to figure out what actually happened (there is always more than one version of events).

That said, to answer your question, yes, you can file a civil suit for false arrest or for malicious prosecution, but there are threshold standards which have to be met and stringent procedures which must be followed when you attempt to sue a government entity such as a police department.

In any event, find yourself a Kissimmee criminal defense lawyer, make an appointment, bring as much documentation as is possible and be prepared to be questioned extensively (not quite as extensively as the rape kit, but still, quite thoroughly).

Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see - and click on the "Find A Lawyer" tab).

Either way I wish you the best of luck.