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How long do I have to file a false arrest claim against Sherriffs?

Jacksonville, FL |

I'm a middle age man with health problems who was attacked on the street by some young punks about 19- 21 years old. I guess I look weak and they thought it would be funny to beat me up. I called the cops at the hospital but they said the kids called them too and said I hit one of them so they protected themselves which is crazy nonsense. The cop arrested me with no evidence . I had obvious injuries hence the trip to the emergency room. I'm now even more crippled than I was. I guess the pack of them (4-5 friends) out weighs my lone testimony. I went to trial and won. The cops lied in court to cover up their false arrest/improper investigation but are so stupid their own video and pictures prove they lied even in court.

I think the willful and provable perjury on both the arrest affidavit and trial is enough to show the cop is a bum. Who in their right mind would believe this story by some kids who tell a story that makes no sense not to mention the fact that the physical evidence (my injuries ) prove they are lying. Their testimony didn't convince the jury because it was such nonsense and the cops are to stupid to analyze the evidence and come to a proper conclusion. I was a bit upset when they got there and think I was arrested on a "contempt of cop" type charge for being a bit mouthy to the cop who was very rude.I dont put up with rude public servants without reminding them of their position.They said there was no injuries to the other parties but charged me with a first degree felony battery causing bodily harm and disability.WTF! How can you make that charge and then write in your report there are NO INJURIES to the "victim"?!

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Attorney answers 3

Posted

You don't want to wait too long but unfortunately you have a very difficult case. While the burden is lower than at a criminal trial, you will bear the burden of proof that the police knowingly falsely arrested you. This means that you have to prove that not only did the police arrest you but they knew that you were innocent. Obviously some people, like the prosecutor, believed the so-called victim. Certainly your testimony is evidence however with the other "witnesses" who will be testifying against you it may be difficult to convince a jury.

Look up a local attorney (there are many listed on avvo.com) and set an appointment. Bring them the police reports, statements, and any other evidence you had in discovery. If you hire the lawyer then they can also obtain any audio or transcripts from the trial itself. Good luck!

This is not to be considered legal advice nor does an attorney-client relationship exist.

Asker

Posted

I think the willful and provable perjury on both the arrest affidavit and trial is enough to show the cop is a bum. Who in their right mind would believe this story by some kids who tell a story that makes no sense not to mention the fact that the physical evidence (my injuries ) prove they are lying. Their testimony didn't convince the jury because it was such nonsense and the cops are to stupid to analyze the evidence and come to a proper conclusion. I was a bit upset when they got there and think I was arrested on a "contempt of cop type charge" for being a bit mouthy to the cop who was very rude.I dont put up with rude public servants without reminding them of their position.They said there was no injuries to the other parties but charged me with a first degree felony battery causing bodily harm and disability.WTF! How can you make that charge and then writ in your report there are NO INJURIES?!

Posted

You will need to call a civil rights lawyer. Mr. Trabin is correct. It will be a tough case. Good for you that you were found not guilty!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

Posted

There is a big difference between probable cause and beyond a reasonable doubt. If the government can show they had probable cause (a low standard) to arrest you, your case would be dismissed at summary judgment.

If the case is as clear cut as you say, you could get past summary judgment.

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