Legal Question in Criminal Law in Florida

My 17year old cousin was fasley accused of molesting a 14yr old girl on the school bus in florida. the officer that arrested him stated he was arresting him because he "just thinks" he did it he had no evidence. on the school bus there is a video camera that will show that my cousin did not do it. can my cousin file a motion for discovery for the tape to prove his innocence? once the tape shows he is innocent can he file a complaint against the girl for filing a false report? can he file a complaint against the officer for false imprisonment because he had no evidence he arrested him because of he thought no suspicion and no evidence.


Asked on 9/27/09, 5:12 am

2 Answers from Attorneys
Don Waggoner Don Waggoner Law, P.A.

If the girl made a complaint and stated that your cousin molested her, that is probable cause for an arrest. You have no civil action against the cop. If the case is charged, your attorney will get a copy of the tape. However, if you hire an attorney now, you may be able to get a copy of the tape now through means other than discovery and see what it shows.

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Answered on 9/27/09, 8:02 am
Joseph Vredevelt Best Vredevelt & Associates

A determination of probable cause must be looked into. Just because someone makes an allegation doesn't always equal probable cause. It is still a reasonable person standard. The more important thing right now it taking care of the criminal charge. Sexual molestation comes with severe penalties. No statements should be made and counsel must be confered with asap. If you would like to discuss this further please do not hesitate to contact me.

All My Best,

Joseph Vredevelt

305.670.3119

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Answered on 9/27/09, 8:47 am


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