Placing a man and a woman in the same holding cell
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Placing a man and a woman in the same holding cell
I was arrested on a dui and placed in a holding cell with a man. I am a female. Can my case be dismissed? I called the jail today and asked if that was common practice and was told that it was illegal to place a man and woman in the same cell.
Asked on June 4, 2009 under Criminal Law, Florida
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The decision whether or not to resolve (i.e. dismiss) your charges will most likely not be influenced by whether you were held in the same holding cell as a man. The prosecuting authority usually decides to resolve cases based upon the strength of the state's evidence. It is possible that being held in the same cell as a man would give rise to a civil suit for damages if you can demonstrate that the officers' actions were intentional or negligent in causing you damages. Of course, in that event, you would also have to demonstrate damages i.e., were you raped or sexually assaulted as a result, etc.? If you feel that your rights have been violated, I suggest you consult with and/or retain a skilled criminal defense attorney with respect to this matter as well as your pending criminal charges.
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