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  1. #1
    Join Date
    May 2016
    Posts
    2

    Default Arrested for Urging the Police to Charge Somebody With Assault

    My question involves civil rights in the State of: N.Y. I was watching a band with my wife, two other couples and the wife of one of the band players, when one of the men in the group was blindsided by a punch. I proceeded to restrain the individual during which we fell to the floor. The bouncers quickly escorted me and the other male who was hit outside, but not the one who threw the punch.

    Our wives exited with us and were calling the police when the male who was assaulted went to talk to the bouncers about this situation in the bar's vestibule area. He then cried out that he couldn't see due to pepper spray being administered. They pushed him to the ground and told him to leave, since l was right there, I ran over to the vestibule area to pick him up and drag him outside. During which one of the bouncers yelled something, I looked up, saw the one bouncer point at me, while the other bent down and sprayed me in the face.

    When the police arrived they would not let the assaulted male press charges. When I asked them to review any video, they flat out refused, after several attempts to get them to view the video, (which the camera was clearly visible in the vestibule), I asked to file an incident report, which their response was to arrest me.

    Have I been let down by the system? Does one drink negate your civil rights?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Arrested for Urging the Police to Charge Somebody With Assault

    Quote Quoting Steven Bice
    View Post
    My question involves civil rights in the State of: N.Y. I was watching a band with my wife, two other couples and the wife of one of the band players, when one of the men in the group was blindsided by a punch. I proceeded to restrain the individual during which we fell to the floor. The bouncers quickly escorted me and the other male who was hit outside, but not the one who threw the punch.
    Our wives exited with us and were calling the police when the male who was assaulted went to talk to the bouncers about this situation in the bar's vestibule area. He then cried out that he couldn't see due to pepper spray being administered. They pushed him to the ground and told him to leave, since l was right there, I ran over to the vestibule area to pick him up and drag him outside. During which one of the bouncers yelled something, I looked up, saw the one bouncer point at me, while the other bent down and sprayed me in the face.
    When the police arrived they would not let the assaulted male press charges. When I asked them to review any video, they flat out refused, after several attempts to get them to view the video, (which the camera was clearly visible in the vestibule), I asked to file an incident report, which their response was to arrest me.
    Have I been let down by the system?
    Yes, you probably have. However, you may not be able to do anything about it as it will be your world against theirs. Please feel free however to get a consult with a local attorney.

    When my brother was younger he was an innocent bystander who was walking through a bar with a pitcher of beer when someone, suddenly was pushed into his back (the start of a fight between other people) and his pitcher of beer went flying. The bouncers beat the heck out of him and threw him out of the bar and wouldn't even call an ambulance for him. Finally another bystander called an ambulance. My brother tried taking action against the bouncers but got no where, even with a good attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrested for Urging the Police to Charge Somebody With Assault

    You have chosen not to tell us why you were arrested, and whether you are being prosecuted as a result of the arrest.

    Exactly what is it that you're trying to ask?

    If you're asking whether "one drink" can render you intoxicated, that would depend on the drink and your physiology.

    If you're asking what you're supposed to do when the police tell you to go away so that they can do their job, that would be... go away so that they can do their job.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Arrested for Urging the Police to Charge Somebody With Assault

    Quote Quoting Steven Bice
    View Post
    Have I been let down by the system? Does one drink negate your civil rights?
    I'd say yes if your version of events was accurate and complete. But it likely is not complete as you don’t know what the bouncers, police, and others saw and knew. Moreover, your version of events may not be accurate. If you were drinking, your perception of events may have been affected by that, and your perception from where you stood may not have enabled a good view of everything even if you were sober. I’m going to bet that the story of this told by the bouncers is very different from yours. If that’s the case, who do you think the police are more likely to believe?

  5. #5
    Join Date
    May 2016
    Posts
    2

    Default Re: Arrested for Urging the Police to Charge Somebody With Assault

    I was arrested for disorderly conduct due to the fact that I was supposedly annoying the officer. At the arraignment my attorney felt that it would be thrown out but it got adjourned till this Thursday. After the fact I found out through others in the bpd that the bouncer was a moonlighting officer, which obviously didn't play well for me.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested for Urging the Police to Charge Somebody With Assault

    Contrary to common belief, charges do not typically get "thrown out." They might not be prosecuted (i.e. not filed), but a judge simply does not "throw out" charges because one party claims they are unwarranted.

    If your case IS pursued in court, concentrate on any defense to the charges because if you do have a civil claim against the venue or the parties involved, it will go better if you do not have a conviction hanging over your head.

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