Legal Question in Criminal Law in Florida

Re: Police Officer Mishandled Situation

Police Officer, while investigating a report of domestic violence between my son and daughter-in-law, intimidated and threatened daughter-in-law into allowing maintenance employee of rental property into breaking into home. Subsequently, son was arrested on poss. of cocaine and paraphenelia. We have since received Officer's personnel records,(which I requested-not PD) which shows he mishandles situations, intimidates witnesses, and over-reacts. He was also fired from one Police Affiliation a few years ago. He has also since resigned due to an ivestigation on him in an unrelated matter. Public Defender shows no interest in this information! Could this be grounds for dismissal of charges and how do we get PD to pay attention and not just accept plea?


Asked on 7/01/07, 6:00 pm

3 Answers from Attorneys
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Re: Police Officer Mishandled Situation

You need to find a way to retain private counsel to slow the process down and file a thoroughly investigated and researched motion to suppress and perhaps motion to dismiss.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

400 Executive Center Drive, Suite 201

West Palm Beach, FL 33401

"HANDLING CRIMINAL CASES ACROSS FLORIDA FOR OVER 20 YEARS"

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Answered on 7/01/07, 6:22 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Re: Police Officer Mishandled Situation

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you are not happy with the representation by the Public Defender, you can always hire private counsel who will be totally responsive to the client's directives (and not that of the client's family unless directed to do so).

Scott R. Jay, Esq.

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Answered on 7/03/07, 1:22 am
Valerie Masters Valerie Masters, P.A.

Re: Re: Police Officer Mishandled Situation

The PD gets to decide what information is relevant. A cops record can cause a jury to decide in your favor. I doubt the state would just drop the charges. You can send the info to the pd's boss, or try again with your pd. The pd gets to decide whats important. You get to decide to try the case or plea. Or you can always hire another lawyer.

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Answered on 7/02/07, 1:17 pm


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