Legal Question in Criminal Law in Virginia

Priv or public place, Please help, This is a nightmare come true

Posted: Fri Nov 18, 2005 2:44 pm Post subject: Charges steming from be intoxiated of my Apt door step in Va

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Please help

Will not go into great detail here.

Home at my Apt having birthday drinks with a couple guests.

My son returns and finds his play station, knocked off the TV stand and damaged.

He calls the police after questioning everyone possible at fault.

No one accepts blame.

I wait outside on my Apt door step, which faces no public roads to wait for the officers.

When they arrive, they are greeted with warmth openly.

Officer in the lead asks if I had been drinking, Yes I replied 6 or 7.

Officer charged me grabbing my left hand and cuffing.

as he reaches for the right arm and takes it, I stiffen and state.

Guys I was out here waiting for you.

Officer then says this is resisting arrest, and a second officer Zaps me with a stun gun.

This all happened in seconds, Agreeded My reactions were somewhat impaired.

This overly aggressive conduct by the officers took me completly by surprize.

In all the comotion, the officer gets his finger sprained.

Probably when he zapped me, and the other office


Asked on 11/18/05, 1:44 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Priv or public place, Please help, This is a nightmare come true

Under the circumstances which you've described, your son was very ill-advised to have summoned the local constabulary over a damaged play station. Some unhappy result was virtually certain to ensue from this volatile mix of circumstances which now is likely to cost many times the value of the play station.

Nevertheless, whether the charge is DIP(drunk in public), disorderly conduct, resisting arrest or assault and battery on a police officer, or some combination thereof, you will now need to engage the services of a competent defense counsel to represent you on one or more of these criminal charges which never needed to have come about had but you and your son exercised a little more prudence.(And in that respect with regard to yourself, I'm not referring to your copious libations but rather to your mistake in going outside to meet/greet the officers and then telling them specifically how much you had had to drink which immediately put them in the arrest mode. You should've stayed well put where you were, inside your dwelling, volunteering minimal information and let the one who summoned them do the talking and answer their questions.)

All of the foregoing, of course, is lawyerly analysis and hindsight but, hopefully, somebody

somewhere out there(in cyberspace or, perhaps, even in your domestic space)will learn something from this unhappy episode and take a lesson therefrom and make it part of his or her foresight should he or she confront a similar situation at some future time.

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Answered on 11/18/05, 3:57 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Priv or public place, Please help, This is a nightmare come true

Was there a question there?

Let me guess... Drunk in Public, Resisting Arrest and Assaulting a Police Officer (being a felony). You probably did resist arrest but I have no doubt the Gestapo tactics drove you to it. You need witnesses as to the police behavior and a very good lawyer. Skimp on either at your own peril.

Good luck.

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Answered on 11/18/05, 7:57 pm


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