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I was wrongly arrested... advice for my court date?
Okay so on Christmas eve I called the cops on someone who had attacked me and put me in a choke hold and punched me and stuff. The cops arrived and then the person lied to them and said that I had attacked him, and the cops freaking arrested ME instead of him! (wtf!)
Anyways I posted bail and now I have a court date coming up in about a week. The charge is "assault on a family member resulting in bodily injury" (yes it was a family member).
I need some advice. Is there any way I can get the charge dropped? Nobody witnessed the assault and the person who hit first (the other guy, not me) lied about the whole freaking thing. The cop who arrested me told me that I would probably be required to go to some kind of anger management or something, which is bullcrap!!!
Also... I cannot afford a lawyer so I told them I will need one appointed. Also if it helps at all, the cop never read me my rights when he arrested me.
What do I do?
8 Answers
- ?Lv 41 decade agoFavorite Answer
"assault on a family member resulting in bodily injury"
what exactly were the injuries?
just because you 'called', doesn't exonerate you from wrong doing
- Anonymous1 decade ago
Even though you were not the instigator, it depends on the visible damage on each person, and this is how the police officer decided who was under arrest. I could see you getting arrested if the police officer noticed an injury on the other person, and nothing indicating an injury on you.
The cop who arrested you has now completed his part of the judicial process until he gets called into court. Ignore anything he may have said to you after the arrest, and bail hearing. He's not the one you now have to worry about. Saying you will be required to go to anger management, or adhere to any other possible legal requirement is bull crap...The judge doesn't even know what he or she will do until the case is heard in court, so how could this police officer know?
Your lawyer will probably have a tough time getting the case thrown out based on your claim that the police officer didn't advise you of your rights at the time of your arrest. It will be a case of your word against his, and the court will most likely believe the police officer once he testifies that he did.
It's too bad you have to go with a court appointed lawyer....these lawyers are often overworked, and will want to expedite your case as quickly as possible if they think they can't win it, like advising you to plead down to a lesser charge, and maybe getting you probation. The only problem with that it will still be a criminal conviction and you'll have a criminal record.
Once it goes to court, tell the truth, and don't lose your cool, especially when the police officer gives a different version of the events. Judges don't like it when people act out in their court room, or get an attitude. Right now, there is no way you'll get the charge dropped, until it goes to court. Even if the other person wants to withdraw a complaint, it was a charge involving domestic violence, and most jurisdictions make it an automatic chargeable offense. The judge may throw it out if he smells something wrong with it, or he may not. You will have to deal with it...and wait to see how it goes.
- KC V ™Lv 71 decade ago
Sounds like you were arrested for Domestic Violence/Assault.
You don't state ALL the facts here such as why were you at the place where the offense occurred or did the other person receive injuries but you didn't.
The officers are not required to read your Miranda Warning if you are not in a custodial interrogation...which you weren't!
You will be given an opportunity to ask for a court appointed lawyer on your arraignment date!
Source(s): Police Officer +30 years - happy2b_whiteLv 61 decade ago
Find a lawyer, the sooner the better. And don't talk to anyone about the incident, except your lawyer.
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- richardLv 51 decade ago
Weil the only way out of this . is for to get the person that has charges on you. to drop the charges. then if that person dose that. he will go to jail for false statement. if he don't drop the charges. you would prove that his statement is false. and that's like . harder then hell to do.dude you ll end up in jail about a year. in less you get probation . well it don't sound good for you. sorry dude. bye
- ?Lv 41 decade ago
Just because you don't agree with the officer's arrest, definetely does not mean you were wrongfully arrested. Do you really think that just because you called that you are innocent?
- 1 decade ago
Those cops were idiots since there were no witnesses you could have pressed charges on him too. Just get a lawyer.
- 1 decade ago
since the police didn't read you your rights. then they can not convict you of the crime. the case will automatically be droped. you have to tell the judge that your rights we rent read to you