QUESTION
What do I do if I'm getting charged wrongfully with three felonies and a misdemeanour?
Asked on Mar 06th, 2013 on Criminal Law - California
More details to this question:
I was walking to a liquor store one night and a car had been broken into. It was the middle of the night and there was no one around when the cops arrived, I immediately got scared and ran right before he stepped out of the car, I hopped two fences and ran into a backyard. He caught up to me so I surrendered and he told me to get on the ground with my hands behind my back so I did. He pressed his knee on my back as if he was going to cuff me but didn't and elbowed my head to the ground which made me break my tooth in half. He then immediately pulled out his night stick and started beating me with it which left me bruises and cuts on my back, arms and legs. When I asked the officer why did he beat me, he responded "I didn't see your hands." I am being charged with grand theft of 950 dollars, Attempted theft of a house, violently resisting arrest, and under the influence of a controlled substance. I don't do drugs. I was also never drug tested.
4 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What do I do? Defend them. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential jail or prison time, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Mar 07th, 2013 at 7:47 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need a lawyer now. Private or public defender. You may also want to consult a civil attorney about suing the officer.
Answered on Mar 07th, 2013 at 7:27 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You need to hire an attorney.
Answered on Mar 07th, 2013 at 7:19 PM
You need an attorney. Do not talk with anyone about this incident without your attorney present. Have your attorney attempt to reduce bond or get you an OR release. Tell him all the facts of the case and what you were doing there. You need to do all you can to fight this. Think about how much it is worth to you to stay out of jail and not have a felony record. That will make paying an attorney seem like a great bargain.
Answered on Mar 07th, 2013 at 1:48 AM