My brother and his friends were and at club and the bouncers kicked them out. His friends got into a fight with the bouncers while my brother did nothing. When the cops came, his friends ran and the police officer arrested him and charged him with assault and battery, but my brother never fought. He tried to say "no" to the officer and the officer grabbed him by the throat. Does that sound right? I didn't think cops were able to do that.. What are my brothers chances of fighting the charges and what is the best way to go about this?
2006-08-26 08:30:09 · 8 answers · asked by bizz x3 2 in Politics & Government ➔ Law Enforcement & Police
Your brother needs an attorney and he also needs witnesses that he was not involved in the incident. The part where your brother tried to say "no" to the officer sounds like he resisted arrest. If the arrest was legal, law enforcement officers may use the amount of force necessary to make a lawful arrest, including deadly force.
2006-08-26 08:40:30 · answer #1 · answered by bsure32 4 · 0⤊ 0⤋
Grabbing somebody by the neck is not the same thing as wringing their neck.
The point is that your brother was in the wrong place at the wrong time.
He was probably to to stay still and shut up. When he failed to do so he was guilty of resisting arrest. It isn't a false arrest because he came to the club with the people fighting. That makes him a material witness to whatever happened. What's worse he was kicked out of the club. That is disturbing the peace. The fact that he never hit anyone doesn't mean anything except that he is not guilty of battery. He may still be guilty of assault for what he did in the club. You need to know what the bouncers had to say about the incident.
In short, he needs a good lawyer. He needs a witness to say he didn't hit anyone. He needs to make recompense for any damages he may have created. He also needs to pray they don't use that resisting arrest thing against him. This could go away with a fine and some community service or probation. Don't expect it to go away on its own and don't believe everything you hear when you only hear it from one person. There are two sides to every story and in this case the other side is wearing a badge or owning the club.
2006-08-26 15:49:19 · answer #2 · answered by LORD Z 7 · 0⤊ 0⤋
Your brother is not going to have much of a chance fighting this. The cop who grabbed your brother's neck will lie and say that he felt threatened and the other police that were there will vouch for him. It sucks, I know. Yes it is illegal for cops to use unnecessary force, but believe me no one will believe your brother's side of the story unless there is videotape evidence to the contrary, and even then it would be difficult to prove. Sorry, but your brother will have to accept his fate and expect to be found guilty of the charges. He'll probably get a plea offer from the D.A. though if it makes you feel any better.
2006-08-26 15:39:48 · answer #3 · answered by Patrick G 2 · 1⤊ 0⤋
An officer is not supposed to do that. He should make a report, as soon as he gets out of jail though. Then he should find someone who perhaps witnessed that he was not fighting. Get an attorney, who can maybe subpoena the in car video tapes of the incident if those exist and they may support your brothers statement.
Good luck,
2006-08-26 23:15:48 · answer #4 · answered by Walter J 3 · 0⤊ 2⤋
guilt by association.
unless the bouncers will back his position - that might be too bad.
cops were told of fights - he had reason to do what he did esp of bouncers were on the ground or something and he's standing over them.
2006-08-26 15:45:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
by law he's just as guilty. if 2 people rob a store and one of them has a gun and kills someone they are both charged with murder.
he could have walked away but he was probably at least running his mouth or involved in some way so he's probably in deep shitt but he can just rat out his friends and probably get off light.
2006-08-26 15:38:54 · answer #6 · answered by helen y 1 · 1⤊ 0⤋
Deal with it. Unless you've got proof (a whole host of witnesses or video)...it ain't gonna happen. You can try it but I don't think you will have much success.
2006-08-26 15:38:21 · answer #7 · answered by Albannach 6 · 1⤊ 0⤋
tell your brother not to hang out with idiots that cant handle their booze
2006-08-26 15:42:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋