Legal Question in Civil Litigation in Florida

Photo on internet

02/21/01 2 deputies came to my home. Officer 1 arrived in a unmarked unit the other in a chopper hovering 20 feet over my home.I ask officer 1 why they were there. He said looking for stolen equipment. I told him there is nothing stolen here.I ask him to have pilot move chopper away as it made conversation difficult and was causing me great pain. I spent the previous day at doctors, treated for severe inner ear infection.Officer 1 ignored my request. I ask for a warrant. He said he did not need one. I ask him to leave, he stands arms folded, leaning against his car looking at the ground, smiling.I ask him to leave 3 times,he gave the same response.I open his car door tell him to get in and leave.I am arrested for trespass / resisting w/violence. I did not resist. He calls marked unit to take me to jail, he remains searches finds nothing.I made a formal complaint they said he had done no wrong. 3 trips to court they offer a deal,I reject, case is thrown out. No attorney will help me sue.I drop it. Now I find my mug shot is on sheriffs web site. I've never been in trouble, awarded outstanding parent of the year at sons school, married 20 yrs.I am trying to say....This Sucks!Want picture and name off internet. What can I do?


Asked on 1/20/02, 11:50 am

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Photo on internet

You have the right to expunge your arrest record. I am not a criminal defense attorney, but I know someone who is and experienced in these types of matters. If you are interested in contacting him, please call my office and I will provide you with his name and telephone number.

Peter A. Gonzalez

Coral Gables, FL

305-445-0937

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Answered on 1/22/02, 10:27 am
Joel Cohen Joel M. Cohen,P.A.

Re: Photo on internet

Another example of "badge abuse".You are entitled to have your arrest record expunged. Go the clerk of court and ask for a certified copy of the transcript of your file. Also request a "seal/expunge" packet. Follow the instructions to obtain a certification from FDLE. You may then petition the court for that relief.

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Answered on 1/20/02, 6:40 pm


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