Q: police fail to investigate. charged w/242&647f no BAC/FSTs, pics of injuries, or statement/name from only adult witness
I was accused of a 242&647f I was detained by security with excessive force (I'm under 100 pounds, 5'2") by large m. when cops arrived Body cam show me yelling&crying for m to get off of me. I see police& say I'm cooperating just get him off (he was pushing me down with knee& pulling my arms back as I was not detained by my wrist but by my biceps (had fingerprint bruises) they try 2 pick me up by my biceps & again I'm crying hysterically, hyperventilating, panick attack& injured (this happened due to mistaken identity) pleading 2 not touch my arm. I'm put in the cop car still having a panick attack while they get statements. my ex arrived on scene informed them have claustrophobia, anxiety & bad panic attacks btw. they did not get statement or name from the 1 employee that witnessed this alleged incident just 1s that detained me. u can hear them saying end of shift need 2 hurry. I was a B&R & 4m later charged. so 2 late 4 me 2get other vid.showing me elsewhere&convicted.
A: The time to address this was before you were convicted. These holes in the evidence should have been emphasized in your defense.
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A:
In California, if you've been charged with offenses like Penal Code 242 (battery) and 647(f) (public intoxication) but feel that the police investigation was inadequate, you have the right to challenge the evidence and the manner in which it was collected. The absence of a thorough investigation, such as failing to conduct breathalyzer tests or gather statements from all relevant witnesses, can be crucial in your defense.
You mentioned being injured during the incident and having a panic attack. Documenting these injuries and any medical treatment you received as a result can be important. If the police used excessive force or failed to accommodate your medical condition, this could also be relevant in your defense.
Since you were convicted, you may want to consider filing an appeal if you believe there were legal errors or issues with how the trial was conducted. In an appeal, you can argue that critical evidence was overlooked or that your rights were violated during the arrest or investigation process.
Given the complexities of your case, including issues of police conduct, mistaken identity, and your medical conditions, it's important to seek legal representation. An attorney can help you navigate the appeal process, gather and present relevant evidence, and advocate on your behalf to challenge the conviction.
Time is a critical factor in these situations, especially if you're considering an appeal or seeking to introduce new evidence. Contact an attorney as soon as possible to discuss your options and next steps.
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