Battery on police officers?
I have one charge of cycling against traffic and one charge of battery on police officers (officers is plural in the "charges" field of the ticket but apparently I only assaulted one in the description). The police officer says I tried to push him back with my forearm while my cigarette was still lit in my hand. When asked by the judge for probable cause to detain me further instead of issuing me a ticket, the prosecutor says it was for officer safety because of my lit cigarette. The police report states that upon being advised I was receiving a ticket I became irate and asked the police officers "if they had any bigger fish to fry".
Is that basis enough for the two police officers to contort my body into excruciating positions while slamming me onto the ground and jumping on top of me? Not to mention the hold in jail just under 24 hours and all the state resources used so I could go to several pre trial conferences so my public defender can file simple motions.
They cuffed me and placed me into the back of their squad car. I demanded they read me my Miranda rights and when they came upon my right to attorney I demanded mine present. They said I only have a right to an attorney during interrogation and that they weren’t doing that at the time. When they asked me for my social security number I demanded my attorney present but they just said I withheld information from them and I got charged with obstructing a peace officer by the prosecution.
Any legal advise regarding my predicament is greatly appreciated.
The officers lied. I was upset but nothing to arrest me over. They didn’t warn me about my behavior or that they intended to take me into custody. Freedom of speech is protected under the First Amendment to the United States Constitution, so non-threatening verbal "abuse" of a police officer is not in itself criminal behavior. So maybe in communist China what I did can get you arrested, Citicop.
I completely misinterpreted my right to attorney. How does "You have the right to consult with an attorney and to have that attorney present during questioning" really only mean "You have the right to consult with an attorney, but only when we are questioning you about the arrest?" Isn’t it their job to adequately and fully convey my Miranda rights? I obviously didn’t know my Miranda rights if I was requesting an attorney when it wasn’t possible. They said "attorney during questioning, but we aren’t going to question you." Then when they ask me a question what do you think I did?
Get a lawyer, you need one.
The facts of your behavior as you have given them is probable cause to arrest in my state.
Miranda doesn’t apply unless the officers are asking you guilt seeking questions. You obstructed the officers by failing to give pedigree information upon your arrest.
Citicop | Nov 23, 2009
Yeah, of battery simply is in the " charges " field. It’s always been that way and that’s the way it chances are will stay
Delmare | Nov 23, 2009
Okay, for starters, you did break the law by riding your bicycle against traffic. The officers had every right to stop you and issue a citation.
The issue of force is a judgment call and it’s impossible to say for sure without being present and seeing what happened. It’s clear that you intentionally pushed the officers buttons and it’s fairly clear that you are an argumentative and possibly belligerent type.
They were not required to read you your Miranda rights unless they planned to question you about the incident following your arrest. You do not have a right to have an attorney present when they ask for your name, address, age, etc. By failing to provide this information, you were obstructing. You only have the right to have an attorney present when being questioned about the crime, and you only have the right to refuse to answer questions about the crime.
You are your own worst enemy. This could have been a simple traffic citation and you would have been on your way in 2 minutes. Instead, you end up getting yourself arrested and you are piling up the felony charges.
Maybe the officers were too aggressive. Maybe they were just picking on you. Maybe you were right and they were wrong. But what did you accomplish? Who ended up in trouble? The best life advice I can offer is to choose your battles wisely. Even if you’re angry and convinced that you are right, ask yourself what you will accomplish by fighting. If it won’t go in your favor, just smile and let the other guy have his little victory.
As for your case, let your public defender handle it. They know what they are doing. Do not argue with them. If you’re lucky, they can get you a nice deal, work everything down to a single misdemeanor, and get you off with probation and a fine. If you try to handle things it sounds like you will argue yourself right into a prison sentence. You’ve made your opinions clear to the cops, the lawyers, and the judge. Now it’s time to close your mouth and let the professionals take over.
whitefangz1 | Nov 23, 2009
HOW BIG WAS THE BATTERY!!! CAR BOAT ETC…
PUDGY | Nov 23, 2009
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