Legal Question in Criminal Law in Florida

I have a domestic violence case that is being taken to trial by the State. In a nutshell i went to my Grandmothers house where my uncle lives because my mom asked me to meet her there because she wanted to speak to me. I did not want to talk and so when i tried to walk out the house to leave my uncle stood up and blocked the doorway and did not let me leave. When i tried to walk around him twice he pushed me and said i needed to stay. I did retaliate and push him against the door that was when he choked me and i hit him the an open palm to the face to make him let go. when he did let go even after trying to leave he still tried to grab me and keep me there. when i did leave he called the cops and said i beat him up so i had to turn myself in.

My question is can his actions be considered false imprisonment? in his police report he says "i merely suggested that my nephew stay and speak with his mother" but his actions and the scar i have say otherwise.


Asked on 7/01/14, 1:25 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

Your uncle's actions, as you describe them, could constitute false imprisonment. As you say, he prevented you from leaving against your will. It will be for the jury to consider the credibility of the witnesses and whether or not to believe them. Unfortunately, given the circumstances it sounds like the only witness who will testify that he held you against your will is you. This is unfortunate because 1) there are witnesses who are obviously testifying against you and 2) the only way for you to likely tell your side of things is for you to testify. If you testify then you are going to be treated like any other witness. If you already spoke to the police during the incident then your side may likely be presented to the jury. Defendants have a right to remain silent and in general they should exercise that right.

Read more
Answered on 7/01/14, 1:29 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida