Legal Question in Criminal Law in Florida

Counter Suit on False Felony Assault charges

Who should I pursue restitution from on an arrest of felony assault that was based on the potential of long term medical effects incorrectly? The charge was suppose to ''Esponged?'' but recently a credit check was done and a felony CONVICTION came up, which was quickly disputed and cleared up, but I am worried about this coming up again in something more important, such as a job application. I am extremly upset at the fact that the police can arrest and charge someone with Felony Assault based on no evidence other than the victims word. Can I pursue restitution from the Police of the victim?


Asked on 1/25/05, 3:51 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Counter Suit on False Felony Assault charges

Its hard to understand your question from the facts you present. You were arrested and then cleared and the arrest was exponged? If so, jst call FDLE and tell them its coming up still. I don't see a lawsuit because the police have a defense of "good faith", so as long as they had basis to arrest( even 1 statement) they are acting legally. Second, you have no actual damages that I can see (lost work, broken bones from arrest, etc) You have to have damages to sue, you can't sue just to get even. Be advised I am a criminal litigator not a civil lawyer. But usually a suit like this costs more than it makes. If you still want to pursue this, contact a civil lawyer.

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Answered on 1/25/05, 4:01 pm


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