Legal Question in Criminal Law in Florida

Being improperly arrested

I was arrested Saturday night outside a public venue for trespassing and resisting arrest without violence. To explain briefly, my father and I were out for my birthday and at 145 am the music was shut off at the facility. Closing hour is at 2am. We were forcably removed from the facility by a bouncer who singled us out. The police outside told us to leave, and before I left with my father I requested to speak with a manager and was denied twice, and then asked for the badge number of the 2 officers, and was cuffed, thrown into the wall and charged. I was never read my Miranda rights, mild injuries resulted during the arrest, and I would like to know how best this situation should be handled. I was not taken in or jailed overnight, and was released after about an hour. Please let me know as soon as possible your recommendations and if there are any further questions, do not hesitate to ask.

Thank you.


Asked on 11/24/08, 2:57 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Being improperly arrested

You need to speak to a lawyer right away and describe more particularly what happened. It may be that a lawyer can have the charges dismissed before the State Attorney's Office files them, or maybe a lawyer can spot defense for you.

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Answered on 11/24/08, 3:56 pm
Valerie Masters Valerie Masters, P.A.

Re: Being improperly arrested

If you were issued a notice to appear then there are pending charges and you need to retain counsel asap. Otherwise I don't see any legal issues.

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Answered on 11/24/08, 5:23 pm


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