Legal Question in Criminal Law in Florida

false arrest?

My brother was arrested 16 months ago and remains in jail, his bond set too high. His stepdaughter accused him of molestation. His attorney just depositioned the lead detective (the one who took his statement, the ''victim'' statement and arrested him). During the deposition, my attorney read a list of lies we were able to prove the ''victim'' has told. The detective stated how frustrated she was and stated that she would never have placed him under arrest if she knew the inconsistencies at the time(she says this 4 times during depo). She then said she would also have investigated better. Our attorney has never dealt with this. Is there a motion to file? Is this false arrest?


Asked on 5/30/09, 8:16 am

1 Answer from Attorneys
Aaron Slavin Slavin Law Firm, LLC

Re: false arrest?

Its probably not a false arrest if the arresting officer was acting in "good faith" at the beginning of the case. However, your brother's attorney will need to point out these inconsistencies to the State Attorney's Office (including the detective's admissions at depo) in an effort to try to get the State to drop or reduce the charge.

Good luck.

Aaron J. Slavin, Esq.

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Answered on 5/30/09, 10:04 am


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