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Mistaken arrest, causes other problems.

Discussion in 'Rental Agreements & Subleases' started by Astrit, Dec 24, 2015.

  1. Astrit

    Astrit Law Topic Starter New Member

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    Jurisdiction:
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    Dear Mister/Miss,
    I am writing to ask an advise about a friends situation. I would really appreciate if you can help him with this case.
    I have a friend that lives in Sarasota, Florida.
    He was talking on the phone with a friend at the apartment complex, police came and arrested him due because someone has mistakenly seen him trying to burglarize the cars. He is innocent but the case is ongoing, their flat owners ask them to vacate their apartment, because he is charged with car burglary. Can they do it? Can they vacate them even if he is under investigation and still not judged guilty. They live in that place since 1997. Do they have to respect the principle of innocent (innocent until proven guilty). What can he do to prevent this?
    Any advise would be great. Thank you.

    Dear Mister/Miss,
    I am writing to ask an advise about a friends situation. I would really appreciate if you can help him with this case.
    I have a friend that lives in Sarasota, Florida.
    He was talking on the phone with a friend at the apartment complex, police came and arrested him due because someone has mistakenly seen him trying to burglarize the cars. He is innocent but the case is ongoing, their flat owners ask them to vacate their apartment, because he is charged with car burglary. Can they do it? Can they vacate them even if he is under investigation and still not judged guilty. They live in that place since 1997. Do they have to respect the principle of innocent (innocent until proven guilty). What can he do to prevent this?
    Any advise would be great. Thank you.
     
    Last edited by a moderator: Dec 24, 2015
  2. adjusterjack

    adjusterjack Super Moderator

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    Duplicate post. See:

    Mistaken arrest, causes other problems. | | TheLaw.com

    The simple answer is yes, the landlord can "ask." A lot depends on just how the landlord is asking. Is he saying "I'd like you to leave" or has the landlord given written notice that the tenancy is terminated by such and such a date for such and such a reason.

    The Florida landlord tenant statute 83.52 requires that the tenant, among other things,

    (7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.

    Statutes & Constitution :View Statutes : Online Sunshine

    There is nothing there that says he has to be convicted of anything.

    However, in the event that the tenant fails to comply with that section, the statute gives the landlord options in Sectoin 83.56 Termination of rental agreement. Too much to type so read paragraphs (2)(a) and (b) at:

    Statutes & Constitution :View Statutes : Online Sunshine

    If your friend believes that the landlord is not following the law regarding termination then your friend has the option of refusing to leave. He can then wait until the landlord takes further action that could involve an eviction action in court at which time your friend can raise whatever defense to eviction he can muster. See Section 830.60 as to procedure for raising defenses.

    Statutes & Constitution :View Statutes : Online Sunshine
     
    Last edited by a moderator: Dec 24, 2015
    Astrit likes this.
  3. Astrit

    Astrit Law Topic Starter New Member

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    Greetings, that was and is true and possible, so they changed apartments and moved to a new one.
    The process is still ongoing, there only the last court date left (in May).
    The questions is: After he pleads innocent, would he be able to sue them and earn an indemnity?
    Its State Florida vs Defendant, there is only one eye witness.

    Thank you, I was amazed by the quick and precise reply.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    By "them" you mean the landlord?

    He can sue the landlord any time. Doesn't have to be related to his guilt or innocence. He would just have to show that the landlord failed to comply with the landlord tenant statute. At most, he might be entitled to some moving expenses.

    You haven't said whether your friend had a written lease with some time left on it or whether he was a month to month tenant at will, nor have you explained the nature of the notices given by the landlord. Whether your friend has a chance of winning any money depends on those factors.

    If you mean the witness to his alleged crime there might not be a defamation action available to him. I seem to recall that witnesses have some immunity to defamation lawsuits even if they are wrong.

    In the future please keep all your questions to this thread and don't start new ones.
     
    Last edited: Mar 1, 2016
  5. Astrit

    Astrit Law Topic Starter New Member

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    Greetings Mister/Miss At the end of this month (May) the final Court date will be held. He has gotten a lawyer and the lawyer got an Investigator to help him out.
    Since October the day he was arrested and released due to paying the bond, he is been living normal, except that every Saturday he is suppose to check in at the Bail Bonds, which he did.
    The question is can he sue the WITNESS or SPD (Sarasota Police Department), either one, he is a nice guy visiting his parents from Europe and Boom* Surprise thats a harsh vacation, so instead of going back and continuing college (finish his last year) he has to get out of this mess.
    I will really appreciate your reply, Sincerely.
     
  6. army judge

    army judge Super Moderator

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    He can sue anyone he chooses to sue.
    However, just because you can doesn't mean you should.
    If I were in his position, I'd focus all of my time, attention, resources, and effort on extricating myself from the legal morass which has now engulfed me.
    If I were successful, I'd be far too happy to worry about suing anyone.
    I'd get me a ticket in the first thing smoking and take myself back to my beloved homeland.
     
  7. Astrit

    Astrit Law Topic Starter New Member

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    Thank you for the super fast reply, as I can see, America's Laws and Rules especially the System is a maze, a giant Labyrinth that if you get in, its hard to get out.
    What you are saying is, let it be an experience and Let It Go, go back finish last year of college and continue the journey so called LIFE.
    I really appreciate it.
    There is still one thing that haunts everybody,,,,Why? there is an answer, that is how life is.
    What can he do next? why?
    I hope I get some answer for the last questions, but those are rhetorical questions.
    Sincerely Astrit.
     
  8. army judge

    army judge Super Moderator

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    He's a GUEST in this country.
    If he's convicted, he'll be deported, assuming he's not incarcerated.
    If he's incarcerated subsequent to his conviction, he'll be deported after he serves his sentence.

    As far as the landlord evicting him pursuant to his arrest for an alleged crime, innocent until proven guilty doesn't apply.

    Our rights in this country flow from our government to its citizenry.

    Citizens don't owe each other such considerations under our constitution.

    The eviction was related to the lease he held.
    That is a civil matter.

    Burglary is a criminal matter.

    Some crimes are considered crimes of moral turpitude, as defined by USCIS.

    Here's how USCIS defines and explains crimes of moral turpitude:

    Conditional Bars for Acts in Statutory Period - Chapter 5, Part F, Volume 12 | Policy Manual | USCIS

    Yes, burglary is one of those crimes that can cause immigrants or visitors to be deported.
     
  9. Astrit

    Astrit Law Topic Starter New Member

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    Greetings, He is an American citizen, so no need of deporting.
    If he is convicted he will serve his sentence. That will not happen because of course they will have no evidence, no fingerprints, no nothing, just an eye witness is not powerful. Burglary indeed is a crime, moral turpitude.
    The thing is that I wish him the best of Luck, its going to be a Jury Trial.
    I know he did not do it. I will keep you posted what will happen.
    Final Court Date 31st May.
    Thank you.
     
  10. Astrit

    Astrit Law Topic Starter New Member

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    Greetings, he had a meeting with his lawyer, as soon as they sat down the lawyer hands him a sheet of paper, Nolle Prosequi, Case Dismissed.
    He did his own thing which was very efficient.
    So the only thing left is to Expunge the arrest, I want to Thank you, Sincerely Astrit.
     
  11. army judge

    army judge Super Moderator

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    You're welcome.
    We enjoy hearing about these positive incomes.
    It makes us want to help others.

    Arrests can't be expunged, completely.
    A state judge can, after a hearing, order the state and arresting agencies to destroy the arrest records (mugshot, fingerprints, etc).

    However, the FBI retains ALL of the same information.
    Even when people go to trial and are acquitted of their charges, those records RARELY get destroyed.

    No matter, he's free.
    Advise him to ALWAYS obey ALL of their laws, lest he once more could face their ire and wrath in one of their court rooms.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    And you STILL haven't answered those questions.

    But rather than wait, I'll tell you this.

    Section 83.52 (7) of the Florida landlord tenant statute requires that a tenant, at all times, "conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace."

    Section 83.56 (2)(a) allows the landlord to give 7 days termination notice if that part of the statute is violated, with or without a lease and there is nothing in the statute that requires a conviction. An arrest could be just cause, even just an accusation (mistaken or not) could also do it.

    In the absence of a lease a landlord doesn't even need cause to terminate a month-to-month tenancy. Section 83.57 (3) allows him do so for any reason or no reason with 15 days notice prior to the end of a rent period.

    Statutes & Constitution :View Statutes : Online Sunshine
     

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