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If I was arrested, but the officer committed simple assault/battery on me (17) what happens to my case?
Anonymous5 views7 answers
Yesterday I was arrested, but before the officer even looked in my bag, or searched me, the police officer pulled me by my sweater with enough force to make me feel like I was going to be thrown on the dirt. I was the one who told the officer to relax but he didn't seem to care about how I felt when he put his hands on me. Also, I did not resist arrest or try to fight back when the officer grabbed me, even though I felt like I was in danger of being hurt by the officer.
You can bet when you get to court the officer will tell a completely different story and - more than likely - the Judge will credit the officer's version over yours. You do not say what you were arrested for, but if you think you case will somehow be dismissed because the cop pushed you around - I think you are going to be sorely disappointed. You need a lawyer to represent you.
You do not say for what you were arrested, but unless it was for a resisting arrest offense, you will unlikey to be able to raise a defense. And yes, the officer's version of events will be much diferent than yours - you will probably be very surprised when you read his report of the event. In any event, you may want to consider having an attorney represent you.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
A lot will depend on what you were detained/arrested for in the first place. And whether or not the officer's conduct, assuming it can be proven, rose to the level to an outright defense to whatever you will be charged with.
Consider hiring a quality, locally experienced, criminal defense attorney to assist in the event you have been cited/arrested or are under investigation for a crime.
And stop posting specific facts associated with your encounter on public forums!
I agree with Mr. Broughton's answer. You need to not speak to anyone about this, except your attorney. And you definitely need good local counsel asap. Good luck.
Shahab Mossavar-RahmaniPersonal Injury LawyerBeverly Hills, CA ·
I'm sorry to hear about what happened to you. The issue of how the officer treated or handled you will depend on what charges you are facing. Unless you're charged with either a PC 148(a)(1) or PC 69 it may not affect your case at all. It will also largely depend on the contents of the police report, which you will not get until/unless you're charged with a crime. Even though you state that you did not resist, I'm willing to bet the officer will have a justification for his actions in the police report. Consider consulting with a criminal defense attorney to fully discuss your rights and options.
