Elk Grove, CA asked in Civil Rights and Domestic Violence for California

Q: I was assaulted by my significant other in my hotel room. I called 911& escaped.He lied. I was arrested for DV. Help?

My boyfriend was abusive & wouldn't leave my hotel room. I called 911 and ran to lock myself on the car. When he had spun & thrown me, he caught my broken tooth on his arm so it was bleeding. When police arrived at the room he lied. They came to the car and told me to get out because they wanted to talk. I was afraid because I have been assaulted by this police department before, so I asked if they were CIT trained, told them that he is abusive & I just wanted to go to my room. I started to get out and before I could turn around and shut the door 3 officers had hands on me and pulled me down to the ground. I struggled because of PTSD & I didn't know why they were all manhandling me.They brought in back up,shot me with sedative drugs, and put me in jail for 5 days with no phone call. Now I am facing felony charges.My boyfriend retracted his statement. The DA is still charging me. Can I file a claim against the police? Do I have to go to trial? Jessica (408)669-1965.Thank you!

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: much more info is needed.

the police don't normally have 3 officers to take you down and normally do not shoot you up.

there is obviously much more to learn.

if you are being prosecuted, the court will appoint a public defender to represent you.

that person will have all the info and be in the best position to evaluate your case, both criminally and civilly.

when suing any governmental entity, there are time restrictions, so make an appointment asap with a lawyer for a free consultation for the civil case.

you would need to win the criminal case to be in the best position to win the civil.

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.