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False Imprisonment For Shoplifting In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-000280
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FAQ
Florida was one of the first states to create a wrongful conviction compensation framework, passing the Victims of Wrongful Incarceration Compensation Act in 2008. The act allows eligible exonerees to receive $50,000 for each year they were wrongfully incarcerated.
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
To prove a prima facie case of false imprisonment, the following elements need demonstration: An act that completely confines a plaintiff within fixed boundaries. An intention to confine. Defendant is responsible for or the cause of the confinement.
The punishment for false imprisonment is a third-degree felony punishable up to 5 years in prison and a $5,000 fine.
Even if probable cause does exist, if the store owner detains the plaintiff for too long or in an unreasonable or excessive manner, liability for false imprisonment is still a real possibility. Learn more about intentional tort personal injury cases.
In general, to make out a false imprisonment claim, you'll need to show these four common elements: the intentional restraint of another person in a confined area. the restrained person doesn't consent to the restraint. the restrained person is aware of the restraint, and. the restraint is without legal justification.
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Contact us online or call for a free consultation with an experienced Miami false imprisonment defense attorney. If you were wrongfully accused of shoplifting, you might have grounds for a civil lawsuit against the store for false imprisonment and malicious prosecution.Punishment for False Imprisonment. Suffered civil rights violation due to false arrest for shoplifting? Looking for a Miami shoplifting civil rights lawyer? We handle many types of false imprisonment claims, but we focus our civil rights practice on false imprisonment claims against private entities. Call us right away at to speak with a qualified legal professional or fill out the contact form on this page. Community service; Fines; House Arrest; Imprisonment; Probation; Restitution. Florida has a Shopkeeper's Privilege, Florida statute 812.015 that allows store personnel to detain a suspected shoplifter. Petit Theft of the First Degree.