[Cboldt]

-- It's not for the police to say whether the defendant was truthful? --

That is correct. Judge cited a number of cases on that point.

Bear in mind that usually, the police will be claiming defendant is lying. O'Mara mentioned that he'd like time to reseach the law, but I'm going to guess there are no precedents that fit a wrongful prosecution situation - truly innocent person taken into court with no evidence contrary to his claim.

Tumblin v. State, 29 So.3d 1029 (Fla 2010) HN 9, 10 and 11

Jackson v. State, 107 So.3d 328 (Fla 2012) HN 3 and 4

Pausch v. State, 596 So.2d 1216 (Fla 2nd DCA 1982)

[Nervous Tick]

>> I’m going to guess there are no precedents that fit a wrongful prosecution situation - truly innocent person taken into court with no evidence contrary to his claim.

Water in the toaster, indeed. :-)