Legal Question in Criminal Law in Florida

illegal arrest

I was recently arrest in May '05 for the first time in my life. The arrest came about because of a routine traffic stop. During this stop, it was discovered that there was a warrant out for my arrest. After spending time in jail, I was released on bond and finally discovered why I was arrested. It appears that approxiamately 5 years ago, I applied for and recieve un-employment benefits. The state agency claims that I was not qualified to recieve a fraction of the total payments. I was never made aware of this situation. After further investigation, I discovered that the state agency was sending notices regarding this matter to an address that was not mine, (never has been). Although my original application for benefits, copy of my driver's license and all check payments recieved from this agency consistently showed a different address. This was somehow overlooked by the state and I have subsuquently been arrested and being prosecuted. How can I be guilty of a crime (grand theft) when the state agency apparently made no real effort to notify me of this situation. I feel that my rights have been violated and intend to seek a legal remedy regarding my arrest and incarciration.


Asked on 7/10/05, 8:48 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: illegal arrest

Well I think you are mixing apples and oranges. There are two issues intertwined. first is the issue of probable cause to arrest and second is the issue of notice. Somewhere a long the way a judge found probable cause to arrest public assistance fraud. Either a warrant was issued or a notice was issued in the mail. If you were arrested for failing to respond to the written notice your arrest was improper. Of you just arested on an old warrant it was proper. Bad written notice doesn't make the underlying charge improper.

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Answered on 7/10/05, 9:56 am
Richard Hornsby Richard E. Hornsby, P.A.

Re: illegal arrest

You need to focus on defending yourself properly. The notice issue may come into play as mitigation.

Also, you may have a Statute of Limitations argument.

Best of luck,

Richard Hornsby

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Answered on 7/10/05, 12:54 pm


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