Legal Question in Legal Malpractice in Florida

My 18 kid has to go to court for an underage drinking misdmeanor....She had just arrived at the gathering within 5 mintues cops got there one minor was drinking not her and she had nothing on her or in her purse.Cop did not give anyone a breath test just charge everyone but promised them adjudcation witheld if they pay court fees,even wrote it down on her citation.My question did the cop do some type of extorion by offering Adj. with held and having no proff..3 people 18 yr old all got the same charge with no beer on site...Polk county...Bartow,Fl..


Asked on 2/03/10, 11:27 am

1 Answer from Attorneys
Leland Garvin Garvin Law Firm

I am not sure if it's actually extortion but it certainly sounds improper as the officer overstepped the boundaries of his authority in promising a certain sentence in the case.

The constitution simply does not allow him to be both the executive branch (law enforcement) and the Judicial branch (Judge).

Based upon this charge your child should be eligible for a juvenile diversion program (which would result in her having a clean record) there is also some law to support the fact that she couldn't be charged with constructive possession of the alcohol that she didn't actually possess.

Feel free to give me a ring if you have any further questions or would like some help with this case.

good luck,

-Leland

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Answered on 2/08/10, 1:48 pm


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