There was a disput between two other teens and she was trying to tell the officer she was not involved. He was yelling at her to shut up, and graped her arm and told her to put her hands on the car. The more he did the more she tried to get him to listen. She has never been in any trouble, a top student in school, very active in her church. The officer hand cuffed her and took her to the station and put her behind bars, called us and said he was going to send her on to an other city to a girls boot camp. how can somthing like this happen and do we and our child have any rights befor the law on this. He (the officer) said she would be called to go befor a judge. Do we need a lawyer?
2006-11-03 20:57:57 · 20 answers · asked by Rosie 1 in Politics & Government ➔ Law Enforcement & Police
At this point, with the damage already done, you definitely need a lawyer!
Unfortunately, the officer reacted badly and your daughter reacted badly in the situation. You'll need an attorney to properly point out that your daughter, who had never been in this situation previously, didn't know how to react and the police officer, who does this for a living, should have known how to react and should have reacted with some compassion.
Unfortunately (because it can be frightening), what one must do in these situations is to follow any directions given by the police officer. Although it would have taken some time, if your daughter had followed the instructions of the officer and waited to speak with the officer until after he had the situation under his control, he probably would have been much more understanding toward her and none of this would have happened. But that wasn't the situation, as it occurred.
It can be frightening, but we must teach our children to have the proper respect for the police, to listen carefully and follow their instructions even when they have done nothing wrong. Because, as your daughter has unfortunately found out in this case, the results of not following the officer's instructions is to find yourself indeed in the wrong.
But a good attorney should be able to prove that it was not only your daughter who reacted in the wrong in this situation (the police officer should definitely have been more understanding), and should be able, if you can prove your daughter's excellent record to this point, then a good attorney should be able to easily have the charges dropped.
2006-11-04 01:49:15 · answer #1 · answered by JenV 6 · 1⤊ 0⤋
Yeah a lawyer would be a good idea. I work as a 911 dispatcher and i'm thinking the reason she was arrested was because she was arguing with him. They were probably just trying to weed through the people and find out who was involved and most of the time its the "guilty" people who are the ones that cause a scene and resist arrest. Its not very often that they tell the truth. She will just need to explain the story to the judge and give them a reason for this outburst. I hope this helps! Good luck!
2006-11-03 22:08:28 · answer #2 · answered by Andrea 2 · 0⤊ 0⤋
Yes, get a lawyer. From what you're saying, she didn't quite resist arrest. Not like she tried to run away or something. Guess the cop was a pain, but I don't think he had grounds to arrest her. He certainly cannot have her 'moved' elsewhere. As far as the judge part goes, since she was arrested, a case would be filed by him against her for a hearing. The judge cannot rule a verdict without her representation, which basically means, her lawyer. So please get a lawyer. Public prosecutors can be of no help at times.
2006-11-03 21:18:12 · answer #3 · answered by Halo 5 · 0⤊ 0⤋
Having been an officer and dealt with teens, I can tell you this. Most officers will not make more work for themselves than they need to. I can also tell you that your daughter is most likely just like the majority of other teens. They bend the truth to avoid punishment.
Most parents would be amazed how their , good student never been in trouble, child behaves when away from their parents. Do not overlook the clues, namely which person, the officer or the child, has the motive to change the facts. Which one will benefit?
2006-11-04 00:47:30 · answer #4 · answered by Ranger473 4 · 0⤊ 0⤋
How can the officer make a decision like this? Has she been convicted of anything? Has she been before a judge? Has she been indicted? Just being arrested doesn't mean you can be sent anywhere, certainly the arresting police officer can't send her somewhere.
Check on bail. She has a Constitutional right to bail unless she's committed some heinous crime (I don't think this qualifies).
Talk to a lawyer. This is one of the things that you must do. Also ask about filing a suit for false arrest and harassment.
2006-11-03 21:07:14 · answer #5 · answered by Ellen J 7 · 0⤊ 1⤋
What an unfortunate situation. Someone tries to do "the right thing" and ends up in trouble for it. That's just not right.
The best thing you can do is get a lawyer to properly defend your daughter in front of the judge (we all know that the state/prosecution will have one) AND if you do believe that the officer handled the situation improperly, lodge a complaint with the department.
Best of luck.
RXZ
2006-11-03 21:06:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
File a grievance againts that officer. Go to the station, pick up a form, come home, write a statement, swear it, turn it in, and ask for a receipt. He may have violated her civil rights using excessive force.
And don't listen to any ding-dongs that say that cops don't treat anyone like that unless provoked. That is the abuser mentality, and the purpose is to put the blams back on the victim. Cops have NO AUTHORITY to treat anyone with excessive force.
2006-11-04 00:01:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes you need a lawyer if you can afford to hire one, do it fast. If not go to court and get a public defender. In the world of crime this is a lightweight, but the better defense you give the better off you are. Sadly, sometimes police overract and sometimes people do dumb things your daughter apologizing to the officer would go a long way helping her.
2006-11-03 21:04:49 · answer #8 · answered by Frank R 7 · 0⤊ 0⤋
Get yourself a good lawyer. Get a copy of the police report and see if there was a camera taking video from his crusier. Most states have these not for the protection of ther rights of the officers and the accused. Good luck.
2006-11-03 21:30:23 · answer #9 · answered by monkay78 2 · 0⤊ 0⤋
get a lawyer for this one, for being arrested and actually been convicted of a crime is a long process, you do not want you daughter to be convicted for that will follow her for the rest of her life causing all kinds of problems
Sounds like she did over step her bounds but maybe you can get with a good lawyer the charges dropped or changed to something little less sever
2006-11-04 01:13:16 · answer #10 · answered by goz1111 7 · 0⤊ 0⤋