Q: I work for the Usps I was tackled by two postal police men during my shift and summons two tickets, can I fight that?
The station had a silent alarm going off and police were in pursuit, I had no idea of the situation and opened the station went to the locker room the change clothes when they came in 5 min. Later with guns drawn telling me to put my hands up. I complied and one officer yelling at me demanded that I show him I.D. I told him that my I.D. Is in my purse, with my hands still in the air I said "going to go get it out my purse" he then shouts Don't Move" still with his gun pointed at me. I was traumatized. He then shouted at me to come out and walk towards him I said No put the gun down in fear of I walked toward him he would shoot me. He eventually to his gun down then I walked to him with my hands up still. Then I discovered another officer was in the bathroom. The first officer ran picked up my purse and said "you said the ID is in your purse?!!!! Show me ID shoving my purse in my face I began to cry saying " why are u treating me like a criminal" he then grabbed my wrist to arrest me...
A: That sounds like unreasonable use of force, and you may decide to sue for assault and battery. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: Your story doesn't make sense, we're you tackled or was your wrist grabbed? In any case, you may have been unlawfully arrested since it is not clear that you violated any law.
A: Short answer is yes you can fight the tickets. Contact a member of the NY State Trial Lawyers Assn that handles US Postal Service cases as the Postal Service has odd rules that my interface with this situation. They give free consultations. Ask your union as well.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
