Legal Question in Criminal Law in Florida

I was arrested for convicted felon with a firearm charge but im not a convicted felon. I set in jail for 38 day and they didnt file information isnt that against my rights

Asked on 6/18/13, 10:41 am

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

You may have a civil claim. You should contact a lawyer who deals with civil rights violations or 1983 actions.

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Answered on 6/18/13, 10:44 am
Eric Trabin Lucid Legal, PLLC

Potentially. In all likelihood, if it was an honest mistake (perhaps they mistook you for someone else) then you probably don't have a basis to sue. On the other hand, if law enforcement knew that you were not a convicted felon and didn't qualify to be charged yet charged you anyway, then that might give rise to a 1983 action. Consult with an attorney in person and be sure to provide them as much information about the case as possible.

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Answered on 6/18/13, 10:50 am

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