QUESTION

Can I sue Florida state probation office for taking my DNA When I only have a misdemeanor DUI?

Asked on Mar 28th, 2021 on Civil Rights - Florida
More details to this question:
I was convicted with a class two/second degree misdemeanor in the state of North Carolina I received the conviction September of 2020. Part of my conviction gave me two years probation. In October 2019 I had moved to Florida, because of this I was to serve probation in Florida. My probation started in September 2020 and was told in 3 months later in December 2020 that I needed to register as a felon because Florida did not recognize a second class misdemeanor with two years probation. My probation officer stated that anything more than a year probation is automatically a felon in the state of Florida. They made me register at the Volusia county jail as a felon and told me if I did not I would be in violation of probation and could face jail time. Not only did they have me registered the jail they also had already taken my DNA 3 months earlier in September. From my understanding Florida only allows dna collection on felony DUIs which again I am not, I'm a 2nd class misdemeanor offender
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1 ANSWER

False Arrest Attorney serving Fort Lauderdale, FL at Gary Kollin, P.A.
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Because you had your conviction came from another state, the sending state can impose additional conditions or Florida could have demanded additional conditions.   Have you examined the papers you signed   Probably you cannot sue probation See the case of Moore v. Department of Corrections. I know about the case because I was the attorney who represented Moore. google it
Answered on Apr 03rd, 2021 at 5:25 AM

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