Several people banded together to file a federal lawsuit against the Jacksonville Sheriff’s Office this month, each with a story of how they say sloppy police work led to their arrest for a crime they did not commit. In each instance, the person claims that if simple, routine steps would have been followed by police, detectives would have been able to clearly see they had the wrong person, according to a report in the Florida Times-Union. The arrests occurred over the past two years and one man spent nine months in jail trying to convince prosecutors of his innocence, the newspaper reported. The charges people were arrested for that are mentioned in the lawsuit include armed robbery, robbery and theft – the majority of which are serious Jacksonville Felony Charges.
In order to make an arrest in a Jacksonville Criminal Case, police must have probable cause to believe the person has committed the crime he or she is accused of committing. In many cases, in order to enter private property to obtain evidence during an investigation, detectives must first get a warrant that shows the reasons they believe this particular person committed this particular crime. In many of the cases mentioned in the lawsuit, the police ended up getting the warrant. Decisions on whether to formally charge someone with a crime are made by the State Attorney’s Office. Prosecutors are supposed to be the check and balance to the police, vetting the case independently to make sure the charge can be proven beyond a reasonable doubt. Among the four cases mentioned in this federal lawsuit, one did make it through the prosecutors, who dropped the case after an innocent man spent nine months behind bars.
In the other Jacksonville Criminal Cases cited in the federal lawsuit, the mistakes were caught before formal charges were filed. In one case mentioned, a 13-year-old boy was accused of a robbery and brought downtown for questioning without permission of his parent and interviewed by himself, clearly against police policy. These cases are a perfect example of why our Jacksonville Criminal Justice system is so important. Police officers are human. They make mistakes like anyone else in any other profession. And their work needs to be checked by prosecutors and eventually by a judge or a jury to make sure innocent people are not locked up for crimes they did not commit. Jacksonville Criminal Defense Attorneys play a key role in protecting the rights of people who are accused of crimes. If you or your loved one is arrested for a crime, our Jacksonville Criminal Defense Attorney will thoroughly investigate the charges and make sure police operated according to the law when making their case.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Felony Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.