In Florida, force officer to appear before judge? Other States

[esarratt]

About 15 years ago I met a guy living on a boat in Florida; he was near Peanut Island, just north of West Palm Beach.

He said that if an officer was behaving illegally/inappropriately--giving him problems, he would bring the officer in front of a judge. Then he would complain to the judge about what the officer did with the officer right there.

He was quite the pistol and knew his rights.

1) What law was he using?

2) Is this a Florida law?

3) A maritime law?

4) Is this something that can be done in other States?


Thanks!

[denverd0n]

1) None.
2) No.
3) No.
4) Probably not, though I certainly don't know all the laws in all the states.


You can file charges against an officer. Then, after an investigation, he may end up in front of a judge with you. There is most certainly no law in Florida that says you can just tell an officer, "you have to come with me in front of a judge!" Nor is there any law that says a judge has to put you on his schedule, just because you want to talk to him about an officer.


Bottom line, this guy you were talking to... He was just blowin' a lot of smoke!

[CarolinaChris]

In the United States, anyone can dispute or plead “not guilty” to any offense they are charged with including any minor traffic ticket. You get your “day in court “ in front of a judge if you want. In order to be convicted, the officer has to be present to testify against you. If he doesn’t appear, you are not guilty. If he does appear and testifies, you or your attorney are permitted to cross examine him asking any relevant questions about the arrest or citation that was issued. If the officer behaved inappropriately, the judge considers the degree to which that behavior impacts the matter. Egregiously inappropriate behavior equals a dismissal of the charge.

[Shrew]

You don't need a lawyer to file a civil lawsuit in the state of Florida (or other most states). A Civil lawsuit is what would typically apply to claims of misconduct, civil rights violations, use of excessive force, etc.