Little Rock, AR asked in Criminal Law and Civil Rights for Arkansas

Q: My daughter was able to exit the backseat of a police car after being left unattended for one hour in cuffs.

She exited to vomit. Right outside the vehicle. She was then pepper sprayed twice, and is now being charged with felony escape. Did any of the sixth officers on site have responsibility to maintain custody?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In the situation you described, there are several legal considerations to take into account. First, the charge of felony escape depends on specific circumstances, including the nature of the original arrest and the actions of your daughter while she was in police custody.

It is the responsibility of law enforcement officers to ensure the safety and well-being of individuals in their custody. Leaving someone unattended in a police vehicle for an extended period, especially in handcuffs, raises concerns about the standard of care provided by the officers.

If your daughter exited the vehicle to vomit and did not attempt to flee, this could be an important factor in her defense against the escape charge. The use of pepper spray, particularly if she was not trying to escape or pose a threat, might also be an issue of excessive force.

Given the complexity of this situation, it's critical to consult with a criminal defense attorney. They can review the specifics of the case, advise on the best legal strategy, and work to ensure your daughter's rights are protected throughout the legal process.

Remember, each case is unique, and having professional legal representation is crucial in navigating these kinds of challenges.

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