Legal Question in Criminal Law in Florida

my son has a court hearing for trepass and resisting arrest. He was at his girlfriend house they had a agruement she told him to leave. before he could leave she called the cops. My son had left the apt. and was waiting outside for me to pick him up when the cops arrived they asked him to leave he told them no because he did not know the area and was waiting for me to pick him up. they arrested him. He was ruffed up by the cops. when he was released the next day i notice his foot was swollen, his big toe a cut on it from the cops slam the door on his feet and his back was swollen from them slamming him into the back seat.My spoke to his public defender and was told he can plead no contest and pay a fine for $600 or he can lost the case a spend a 1 year in jail. He also stated the police report stated he was cursing and using profanity which my son said he never did. My son has never had a bad record nor any trouble with the law. How is it that a cop can arrest an innocent person and lie on the report. where is the justice. this a simple case turn into something big which should have never been in court. when i went to sign the release for my son i was told these case never usually go to court so why is this case going to court all because lies the polices told.i would like to hear what is your opinion on this matter.


Asked on 5/19/10, 7:15 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Public defenders are generally good attorneys but VERY overloaded and overworked. So it sounds like an unfortunate instance of you get what you pay for. It sounds like your son has legitimate issues to raise at a trial or possibly a motion to dismiss or suppress. You really need to talk to a private attorney if you can afford one. Your other option is that even the public defender can't force a plea on anybody. He should tell him he wants a trial. Again, you're dealing with an overworked public defender so I suggest trying to hire a private attorney. Feel free to contact me if you wish.

Craig Epifanio

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Answered on 5/25/10, 7:53 am


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