Recieved a Concussion While Being Charged with Dissorderly Conduct

**frank123** · 02-25-2010, 08:38 PM

My question involves criminal law for the state of: SC.
I am underage and i was drinking one night with some friends and let my sober friend drive me to my sisters work to get some food and sober up. While waiting in the parking lot, one of my drunk friends decided to get out of my truck and urinate in the parking lot. Apparently, a women saw him and called the cops. I was then walking around the parking lot on the phone, and began getting questioned by a cop. After talking with all the witnesses, the oficer forcefully put handcuffs on me and told me i was under arrest. I was trying to turn around and ask him why multiple times until he literally picked me up,since im about 125lbs. and he was no less then 250lbs., and slammed me on the trunk of his car on my head so hard I briefly lost conciousness. After waiting in the back of his patrole car for an hour, he released me to my parents and gave me a Disorderly Conduct and MIP of beer ticket. I was never read my rights, and when he TOLD me i was drunk, i demmanded a breathilizer or blood test, which was denied. The next day I got a CT scan verifying a concussion. What should i do?

**cdwjava** · 02-25-2010, 08:45 PM

First,you need to have mom and dad hire a criminal defense attorney to help defend you from the charges you face.

Next, if mom and dad are willing, they can then pay for another attorney to evaluate any potential claim against the officer or the agency for any damages.

The matters are separate issues and it is entirely possible that the force used was reasonable depending on your level of resistance.

**frank123** · 02-25-2010, 08:52 PM

Ok, well i have several witnesses that said it was ridiculous,being that i was already handcuffed and nearly a third of his size.

**cdwjava** · 02-25-2010, 08:54 PM

Quoting frank123

Ok, well i have several witnesses that said it was ridiculous,being that i was already handcuffed and nearly a third of his size.

That's fine. But, depending on how you were resisting, there may have been few options available to him. This is one reason your parents would need to hire an attorney to evaluate the situation by reviewing the reports and any witness statements. There may, and there may not be a valid claim.

Oh, and according to your post you were only half his size ... however, I have had to toss people even smaller than you around or continue to be assaulted by a handcuffed suspect. There are circumstances where such force is entirely appropriate, and times where it is not. An attorney can help to put this incident into perspective.

**frank123** · 02-25-2010, 09:00 PM

Ok i will definetly look into it, however; in regards to the MIP, i had no beer on me. The beer that was in my truck belonged to a 23 year old who was also in the truck. Did i get the MIP for admitting to drinking previously?

**cdwjava** · 02-25-2010, 09:04 PM

Quoting frank123

Ok i will definetly look into it, however; in regards to the MIP, i had no beer on me. The beer that was in my truck belonged to a 23 year old who was also in the truck. Did i get the MIP for admitting to drinking previously?

You probably got the MIP for having consumed it and smelling like you consumed it ... admitting to it only strengthened the case.

And the alcohol, in your truck is enough to get you as well. Possession is a crime about dominion and control and NOT about ownership. You knew it was alcohol,you were near enough to manipulate it, you were in possession.

**frank123** · 02-25-2010, 09:20 PM

Well I was 100% honest, and in the end I was the one in the most trouble NOT the friend who was complained to the police on in the first place. I know I shouldnt have been drinking, and i have had previous charges to do with drinking, but i felt as if i was mistreated. Even the women who called in the complaint, apologized to my parents for me being arrested and not the other person. I respect the law, and i know i was disobeying it, but i feel like this particular officer abused his authority.

**cdwjava** · 02-25-2010, 09:23 PM

Quoting frank123

Well I was 100% honest, and in the end I was the one in the most trouble NOT the friend who was complained to the police on in the first place. I know I shouldnt have been drinking, and i have had previous charges to do with drinking, but i felt as if i was mistreated. Even the women who called in the complaint, apologized to my parents for me being arrested and not the other person. I respect the law, and i know i was disobeying it, but i feel like this particular officer abused his authority.

And, maybe he did. And if your parents agree with you, they can hire an attorney.

Now if, when you say you are "under age" you mean that you are under 21 but 18 or older, you may consult an attorney on your own accord.