My question involves police conduct in the State of Ohio. My (now ex-)husband was stealing from a neighbor. The police were investigating him, and threatened to arrest me. I found a divorce attorney to represent me to divorce my husband; this lawyer advised me not to speak further to the police.
The police arrested me for the theft. I was told upon arrest, "You lawyered up, that is why you are going to jail." I was not Mirandized. I was sent to the county jail. There, sheriff's deputies tried to trick me into signing away my Miranda rights by telling me "It will not affect your court case." (I declined, but they got really mad at me.) I was kept for two days in solitary. I was allowed to access the phone twice to try to call my lawyer. Once I asked and was refused.
On the third day there (without a shower, I might add) I was able to reach my divorce attorney and was trying to make arrangements for my family to retain his partner for the criminal defense. Later, I was told I was going to court and taken to another room where I was arraigned via videotape. I was not given an opportunity to have a lawyer present for this hearing.
Next, the arresting officer showed up to question me. I told the sheriff's deputies I wanted my lawyer to be present. When I was placed into a room with the officer anyway, I told him I wanted my attorney. I was questioned anyway for about 20 minutes until I had an emotional breakdown. I tried to invoke my right to counsel two or three more times without avail.
I would like to know how to find a lawyer to represent me in a section 1983 action. I think I do have an actionable offense. My criminal attorney said I did, but that he wouldn't represent me on one because it is a small town and they have to continue to work with this police department.
What kind of award or settlement is possible (likely)?
He also suggested I go talk to the police chief. What would that get me, and could it hurt any legal claim I might have?
Thank you for any help or suggestions.
catlady

