Legal Question in Civil Rights Law in Florida

False Police Report Used To Convict

Due to the situation, possible consequences, and poor legal representation I had to plea to a bogus charge. What can I do now that I found out the plaintif filed two false police reports. The Gainesville D.A. made the plaintif write another report after they found inconclusive eviedence

in the first police report. I read them both in an attorneys office. The plaintif was represented by the state of Florida. The Judge was not aware of crucial cover-up attempts and false records made by the state attorney, Gainesville police and D.A.

Asked on 1/12/05, 8:06 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: False Police Report Used To Convict

No one made you plead guilty to a bogus charge. It was a choice you made. Now, it might have been a bad choice based on the information you had, but that's a different thing altogether. If you can prove what happened, then file a motion to set aside your plea.

Often judges will not do it, but you should at least try. You have to preserve the issue for appeal, so ask to set aside your plea before the sentencing report, if possible. Do it in writing and get it on the record as to why you want to set aside the plea (complete with proofs). If you've already been sentenced, you need to do a bit more, so consult a local attorney.

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Answered on 1/14/05, 11:44 am
W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: False Police Report Used To Convict

You need to allege prosecutorial misconduct in an appropriate pleading in an appropriate forum.

Please call me toll free 1-877-793-9290 to discuss how we can help.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

813.225.0202 Facsimile and Data

[email protected]


This is a privileged message from a law office. If you receive this message in error, please reply to [email protected] or call 813.222.2220 and destroy and do not distribute any copies of the attached message.

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Answered on 1/12/05, 8:11 pm

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