Q: How do I beat a case when the officer was in the wrong
I got arrested because I was supposedly being belligerent but they did no say I was being charge with anything until they decided to be aggressive with me while I was being held down by seven officers while intoxicated and having a panic attack. They tased me 2x, I bit and officer in the process and they sedated me . I heard it is against the law to tase anyone under the influence and going through psychiatric problems which the officers knew before arresting me. I have real bad PTSD against male authorities which is why I was so upset.
The thing that I struggle with on questions like this is there are a lot of missing facts. Please dont share them here, but those facts are important to determining whether or not you have an actual defense or a potential wrongful use of force case. I am assuming you are charged with aggravated assault on a police officer in addition to other charges. How to "beat the case" is not as easy as just saying some magic words. You need an attorney, you need inpatient treatment for substance abuse and potentially mental health, and you need an attorney. I said it twice because you are facing serious charges and there are no magic words that will make the case go away.
For the record, it is not illegal to tase someone "under the influence and going through psychological problems." I am not sure where you heard that. There may have been an abuse of force but if it took 7 officers to get you to comply it sounds like tasing was the least aggressive option they could deploy.
A: With all due respect, it will be up to a judge or jury to determine if you are guilty or if the officer "was in the wrong." You need to speak with an experienced criminal defense attorney to fully discuss the facts of the case. my guess is that you may be charged with Felony Aggravated Assault and if so, you could possibly do substantial jail time if you are convicted. Start calling attorneys asap. Most lawyers ,including myself, give free consultations over the phone. Good luck
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.