San Francisco, CA asked in Criminal Law and Civil Rights for California

Q: If you're arrested in retaliation for filing a complaint, how do you present that during your case/trial to the court?

I had a warrant out for the past 5 years that the sfpd ignored, never acting on it. 1 month after filling complaint about an officer who filed my 2016 vehicular assault as a 'traffic collision' I then suddenly get arrested for the warrant and the first cop to greet me at the station is the officer I complained about.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: To present your case effectively in court under California law, you should first gather and document all relevant evidence. This includes keeping copies of your complaint, any correspondence, and notes about your interactions with the police, especially the officer you filed the complaint against. Make sure to obtain any records or documentation that show the timing of your complaint and the subsequent arrest.

During your court proceedings, emphasize the timeline of events to demonstrate the potential retaliation. Point out that the warrant had been outstanding for five years without action and that your arrest occurred only after you filed the complaint. Highlight that the first officer you encountered at the station was the one you had complained about, suggesting a possible connection.

Seek legal representation to help present your case. A lawyer can assist in articulating your argument effectively and ensuring your rights are protected. They can also help file motions or requests for evidence that may support your claim of retaliation. Stay organized and remain calm throughout the process, focusing on the facts and evidence to support your case.

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