Legal Question in Criminal Law in California

I was hit by a police car,put in handcuffs so hard I think the nerve enddings in my hand are messed up, as well as put in the cop car without being told my miranda rights! And I got a citation Cause I was walking away from being detained by another officer, is there something I can do to not get the citation? Or what else can I do?


Asked on 8/12/14, 11:39 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You will have to consult with a criminal defense attorney in person, and go over the details privately. I suggest you do so immediately.

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Answered on 8/13/14, 6:56 am
Terry A. Nelson Nelson & Lawless

You already 'got' the citation, which means you were arrested and released OR or on bail.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you or suppressed, can you be convicted, and what can you do?

You now get to defend the criminal charge[s] in court. I won't speculate on what charges you face.

The criminal charges actually filed by the prosecutor will determine how much �time� could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors and strikes would add formal �penalty �enhancements� and affect the prosecutor and judge attitude toward you. If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well.

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 defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

You can contemplate bringing personal injury / police abuse charges if and when you are able to get the criminal charges dismissed or dropped by the DA. Then if you have real admissible evidence such as independent witness testimony that corroborates your version of the story, and your 'innocence', I'll be happy to discuss your claim and potential case.

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Answered on 8/19/14, 11:48 am


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