a couple of months ago my friend got arrested at a bar because of some brawl she was in. everyone went running and her and her then roommate were the only two arrested. they happened to be on apposing sides of the bar fight so when they got to jail the cops put them on opposite sides of it. my friends roommate was placed in the female side of the jail and my friend got stuck in her own cell in the male side. we don't understand why they did this. so she spent the night there (shes an EXTREMELY heave sleeper) and when the cops came to wake her up and move her they had a hard time getting her up. They pulled the matress out from under her and in a spazmatic move from getting woken up so suddenly, she jolted up and accidentally kicked the cop in the process. so now, not only does she have to go to court for the initial bar fight charges, she also has to attend court for assaulting an officer. is there anything she can do about this?
2007-12-14 04:41:51 · 11 answers · asked by Danni 2 in Politics & Government ➔ Law Enforcement & Police
probably not, because its the cops word against hers. thats how our awesome!!!! law system works. i say fu*k the police
2007-12-14 04:46:34 · answer #1 · answered by Charles Smith 2 · 1⤊ 5⤋
Not really.
Any actions you take, in the courts eyes, are your responsibility. The action though is based on Objective Reasonableness. If the cop understands that it might be because she didn't know where she was and freaked out, or that she just gets freaked when someone rouses her from sleep, he might be understanding but don't count on it. He works in a place where he routinely sees combative behavior and lashing out at authority figures. Many of these folks will try to get a punch in and blame it on the alcohol/drugs/illness etc. After awhile corrections officers stop believing that it could be coincidental.
She could try addressing it in court, expecially if she has friends who provide witness and who have gotten hit in the past when trying to wake her, but I seriously doubt she'll get off the assualt charge scott free. Maybe a reduced sentence, but again, Your actions are your own!
2007-12-14 04:58:00 · answer #2 · answered by matt m 4 · 0⤊ 0⤋
You just need to tell your lawyer what happened and see if they will dismiss it. They should have cameras in the cell and could have them pulled for evidence. But will will be the cops against you and they of course will think of you as a liar because you were in jail and as anyone knows people in jail ALWAYS lie, (being cynical here). So talk to your lawyer and take it from there.
good luck!!
2007-12-14 04:55:11 · answer #3 · answered by Slick 5 · 0⤊ 0⤋
Just have her tell her story to her lawyer or Public Defender, they will discuss it with the Prosecutor and likely drop one the charge. IF all she did was kick at him once and wasn't screaming or anything. But if in anyway she was acting hostel the charge will stick. Those cops that work the jail are really "gung ho" because they haven't hit the streets yet. It will also depend on if she has ever been charged with anything in her past.
2007-12-14 04:52:36 · answer #4 · answered by DeltaQueen 6 · 0⤊ 1⤋
Her attorney may be able to get her off on the kicking charge. Some areas state that a person who is asleep, it not responsible for their actions for 10 seconds after being awakened. Weak, but has been defended.
2007-12-14 04:53:37 · answer #5 · answered by sensible_man 7 · 0⤊ 0⤋
battling a cop once you're being arrested is a bad thought. you will only upload on quotes of resisting arrest and attack on a police officer. do just some time and build a bridge and recover from it.
2016-11-26 23:31:55 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I recommend all of you, especially your friend, switch to drinking absinthe.
Cops are generally the lowest on the IQ scale, so dealing with them in a civilized manner with proper etiquette will be very difficult for you. Also, be careful and watch out for their tasers. They are real whimps these days and like to send thousands of volts through peoples bodies. Thats how they get their rocks off. Its a power trip for them.
Another incredible answer by shirtees dawt net
2007-12-14 07:25:08 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Sorry but I don't buy it.
That is beside the point tho, and doesn't answer your question.
She will get her chance to explain what happened in court. They might believe her, they might not.
2007-12-14 04:57:12 · answer #8 · answered by Tira A 4 · 0⤊ 0⤋
Absolutely there is something she can do about this.
She can stop going to bars, getting drunk, and getting into fights.
2007-12-15 01:53:01 · answer #9 · answered by boiledcrabs 4 · 0⤊ 0⤋
Sounds like she should quit drinking.
2007-12-14 05:31:49 · answer #10 · answered by El Scott 7 · 1⤊ 1⤋
nope just take what she gets and learn from it
2007-12-14 04:47:19 · answer #11 · answered by Anonymous · 3⤊ 1⤋