Legal Question in Criminal Law in Florida

i was recently arrested for a domestic violence charge where the "victim" stated i did not need to be arrested and he did not wish to press charges. the officers decided since neither of us was willing to press charges they would take us both to jail. During the arrest an officer stated he wanted to photograph me. i said i did not want to be photographed until i was taken to the jail and they did my mugshot. He stated that was okay, when another woman sheriff came out of nowhere stating i had no choice. i tried to peacefull avoid the picture and she grapped me by the hair and jerked my head around. i tried to pull my head away and she throws me on the ground and charges me with battery on a LEO. Do i have the right to refuse my photo?


Asked on 2/17/10, 8:55 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

No, you do not have the right to refuse the photo. I'm not saying you don't have a defense to the battery charge or the domestic violence charge, just that they can take the photo if they want, especially after you've been arrested.

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Answered on 2/22/10, 9:17 am


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