Chattanooga, TN asked in Criminal Law for Tennessee

Q: My son was arrested and charged with dom assault x2 resisting arrest and paraphernalia, 4 days ago, no bail set?

I call everyday to check for bail, today I was told the magistrate felt he needed to have bail set in court I asked when his first court date would be then and was told OCTOBER 16th, how is this legal he is 19 lives with us owns his own business has mental health issues but sees someone for that. He had a psychotic episode and had punched a hole in our wall he called 911 and said we were trying to hurt him. The officer arrived we said we were not wanting him arrested or charged with anything and we did not need the officer. He said he had to talk to my son, went to our camping spot in our woods and we could see them and sort of gear them he brought my son out in cuffs neither was dirty mind you the cop claimed he had to arrest him and charge him bc he tried to run away and had to be tazed, my son is epileptic there is no way he was conscious and aware and walking if he had been tazed, but let’s say he was that’s excessive force he was not armed not agitated he was compliant.

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2 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You all called the law, so you got him arrested. Hire an attorney to make a motion to set bond, probably off the Docket. He should not plead guilty to DA under any circumstances except Diversion. DA is worse than some felonies.

Henry Ambrose
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Answered
  • Criminal Law Lawyer
  • Franklin, TN
  • Licensed in Tennessee

A: Your son needs a lawyer! It should be possible to have a bond hearing well before October. He is owed a proper bond hearing within days after his arrest. Hire a lawyer who practices in the county where this happened. They should be able to help you.

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