Legal Question in Criminal Law in Florida

I was pulled over a couple of weeks ago for having an active warrant for my arrest on a f.t.a charge because when I was suppose to be in court I was in the hospital. I was on my way to court to show them proof that I was in the hospital when I was pulled over. She called the court to see if I was telling the truth and I was telling the truth and she decided to arrest me. While I waited in my car she checked the status of my insurance and she came back and cuffed me. She had me stand by the back of my car then put me in her car but she never read me my rights and when I was waiting for her to come back in the car she took it upon her self to search my with out my permission and I gave her no probable cause to result in a search. After finally being released I looked through my paper work and I was issued a ticket for not having proof of insurance when I gave it to her. What can I do with all of the. I think it was a wrongful situation.


Asked on 2/22/10, 5:49 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

You didn't wilfully fail to apppear so while you can't "undo" the arrest, you should be able to win on an actual FTA charge. On the no proof of insurance, if you show the clerk, you should be able to get the charge dismissed.

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Answered on 3/06/10, 7:38 pm


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