Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2005
    Posts
    3

    Default Resistance of Arrest Without Violence Arrest

    On Jan 1, I visited Florida and verbally protested the physical treatment of a patron at a bar and by the police. Three of us were arrested although none were told what for. The booking officer waived my priveledge to make a phone call. After 17 hrs, I was released when my friend bonded me out (4.5 hrs after his release). At 5'2 and 32, this was my first offense. My boyfriend is here on a tourist visa. We want to avoid criminal records in both cases.

    The Possible Cause Affadavit says that I was repeatedly told to leave a scene and did not. It may or may not use the words "interferring with" or "trying to prevent" an arrest. Bond was set/paid at $100 each. While judges' names appears on the case info online, no court dates have been set.

    What is the process?
    How can/should we proceed with it?
    Should we hire our own lawyer or have one appointed by the court?
    How much could hiring a lawyer cost?
    How many court appearances could this mean?
    We have an eyewitness, what should we do?
    Can we get the charges dropped or dismissed?
    How can we avoid having a criminal record?
    What could this mean to my friend with the tourist visa?

    I would really appreciate any insight--thanks.


    A detailed account, if you want more info:
    On Jan 1 at 9pm, I was listening to a band when a guy pinched my rear. A male friend of mine chased the man from the bar counter to the upstairs until [my friend] was grabbed by 3+ bouncers who physically pushed/pulled him from the bar. My boyfriend & I started verbally protesting their excessive use of force, in general and considering the circumstances. By the time we reached the sidewalk, it was a huge commotion and the police showed up. Within seconds, my friend (with his arms at his sides) was tackled by 5 officers, scratching the side of his face on the concrete. Our verbal protests grew even louder and within 5-10 seconds, my [very small] boyfriend was thrown to the ground, dislocating his shoulder & scratching his back. I repeatedly pleaded "why are you doing this" and within another 10 seconds my arms were pulled behind my back. While all of this took place within 5 mins, almost 10 police vehicles/officers were on the scene. As we sat in separate police cars, we watched them all congratulate themsleves with big smiles and high fives.

    We were taken to a local police department and then to county jail around 12am. Upon leaving us at the jail, the police officers said that we could be released in as much as 1.5-4.5 hours. I was booked just after 4am and told that I could make a phonecall. When I didn't know who to call, I was told to go back to the holding cell and to let them know when I figure it out. Within 5 minutes, I started knocking on the door to let them know, was mocked and ignored. When the cell door opened for another reason, I said I was ready to make my call and the officer told me "later" as he closed the door in my face. An hour later, the cell door opened again and I told them again that I was ready to make my phone call. At that point, the booking officer said that my phone priveledges had been waived and that I could make a call at 9am after being transferred to the dayroom/lockdown. Around 9:30am, my friend was released on bail and began to bond me out. While he was told that my name was on the board at 11am, I was not released until almost 2pm.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Florida Misdemeanor Charge

    I suggest that you and your boyfriend (and your friend as well, if you are all from out of town) retain a Florida criminal defense lawyer in relation to this charge. You should make the lawyer aware of your boyfriend's immigration status.

    Since this appears to be a misdemeanor offense (possibly resisting an officer?), and you and your boyfriend are from outside of the state, it may be possible for your lawyer to work out terms where the charges are dismissed on payment of a fine, or are reduced to some form of civil infraction, so as to save you the necessity of returning to Florida to have the charges resolved, or to permit you to come back to Florida one time for a single plea hearing and sentencing. It may be difficult (or impossible) for you to make this type of arrangement yourself, as it is difficult for an individual defendant to make the necessary contacts with the court and prosecutor to work out this type of arrangement.

  3. #3
    Join Date
    Jan 2005
    Posts
    3

    Default It's a Municipal Ordinance, Yet To Be Filed

    Thanks for your consideration, Aaron.

    Today, I learned that this is a "Municipal Ordinance," not a Misdemeanor, and the city attorney's office has not made a filing decision. I also received a letter from an eyewitness (see end of post).

    Why would the city attorney's office not have filed yet?
    Is this to my advantage?
    Could they be thinking it's a BS charge?

    A local attorney advised that this is a BS charge and he could try to enter into an agreement for me to pay a fine, sign a "hold them harmless" statement, and have the charge dismissed. He said that, while there will always be a record, he could file to it sealed or expunged. He quoted me a price of $1500 for the filing, provided he didn't have to go to court. He also said that he could not represent multiple clients (me and my boyfriend and our friend)...

    If the charges are dismissed, why is there still a record?
    If dismissed, would I need to have the record sealed or expunged?
    In your opinion, is $1500 a fair price for one person to pay for such?
    Can one lawyer represent us all in this case?
    Is there anything better than having charges dismissed?
    Is a "hold them harmless" statement a standard practice or is this a mild admission of an abuse of power?

    What kind of bearing does this eyewitness letter chave in our attempts to bring this to an end?

    I eye witnessed the poor actions of the FLPD as they arrested X, Y, and Z the night of Sat, Jan 1, 2005.
    As X, Y, Z, and I were at the “Elbow Room”, a very intoxicated stranger began to grope Z our lady friend. X, being a gentleman, pushed the stranger away. The stranger fled and X, Y, and Z were all thrown out of the bar. I picked up our bags and walked outside to see 5 FL Police officers and a “Elbow Room” bouncer tackle X, throw him on the street (beside the curb), and cuff him. This happened around 9:30 pm. X did not struggle or resist arrest. Y, Z, and I complained to the police officers about the wrongful arrest and excessive use of force. During this ordeal, about 15 FL Police officers showed up and blocked off the street. This created a lot of havoc.
    One officer locked Y's head and neck in his arms and swung him in the air and onto the street where he landed very hard. The officers arrested Y for no real reason. Y was not hysterical, mean, physical or harmful in any way. I can say the same for X and Z. The FL Police told Z and I that we were also going to be arrested if we did not walk away. As I pulled Z away from the scene, a FL Police Officer grabbed Z by the arm, pulled her away and arrested her too. I walked away and did not get arrested. I was shook up and scared.
    X and Y were released from the Broward County Courthouse around 7:00 on the morning of Sunday, January 2nd . Y and I went back to the courthouse where Y had already paid $100.00 toward Z’s bail at 7:00 am. They gave us many problems and lied to us multiple times on when Z would be released. She was finally released around 2:30 pm. She was visiting for the weekend.
    I am very disappointed in the FLPD. As guests of, and vacationers in this beautiful state, we spend money here and respect the FL community. We did not break any laws or disrespect anyone. I did as much as my three friends. Why was I not arrested? The FLPD took advantage of their abilities to “serve the people”. I feel the FL Police should think before they act.

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Re: It's a Municipal Ordinance, Yet To Be Filed

    Quote Quoting sporta
    Why would the city attorney's office not have filed yet?
    There are a number of reasons. For example, the city attorney may not believe that there is enough evidence to warrant a charge, that there is little chance of prevailing at trial, or that additional investigation should occur before a charging decision is made. The city attorney may simply be very busy at the moment, and may be putting off the paperwork.

    Quote Quoting sporta
    Is this to my advantage?
    Only if they delay for long enough to make the statute of limitations an issue - and that's likely to be a very long wait.

    Quote Quoting sporta
    Could they be thinking it's a BS charge?
    Yes.

    [quote="sporta"]If the charges are dismissed, why is there still a record?
    Criminal records are typically broken down into three parts: Arrest, intial charge, and conviction charge. Thus if a person is arrested for armed robbery, and pleads guilty as part of a plea bargain to unarmed robbery, the police report would indicate the initial arrest and arrest date, the initial charge of unarmed robbery, and the finding of guilt for unarmed robbery.

    Within that context, even if a charge is dismissed, the arrest and initial charge would still be reflected on the criminal record, along with a resolution showing dismissal.

    Quote Quoting sporta
    If dismissed, would I need to have the record sealed or expunged?
    If you don't want the charge showing up in a criminal history check, you may wish to explore those options under the state's law.

    Quote Quoting sporta
    In your opinion, is $1500 a fair price for one person to pay for such?
    My opinion doesn't count for much. That's presumably not an hourly rate - I doubt that the attorney would spend more than a few of hours total on this matter attempting to negotiate a resolution without going to court - but the question of value is a bit more complicated than "what am I paying per hour", given that it would be very difficult for you to engage in this type of negotiation directly. If you are concerned about the cost, I suggest you get additional price quotes from other law firms. You can also consider if you want to wait to see if the city attorney simply chooses not to proceed with a prosecution, although in cases like this it can be helpful to have a lawyer involved in the negotiation up-front (because prosecutors often bring charges even when their cases are weak, but may be convinced not to do so when they realize that an attorney is involved and that they have little chance of prevailing at trial.)

    Quote Quoting sporta
    Can one lawyer represent us all in this case?
    Possibly, although an attorney may not feel comfortable representing all of you, even if you all sign confict of interest waivers, as you may end up in a situation where the prosecutor offers one of you a plea deal in return for your testimony against the others, or some other situation where your interests diverge and the attorney cannot fairly or effectively represent all three of you.

    It may be that if you were to hire the attorney it would have the de facto effect of obtaining representation for all three of you, as it may be the case that once a deal is cut for one of you it will be offered to all three of you.

    Quote Quoting sporta
    Is there anything better than having charges dismissed?
    If no charge has yet been filed, that's better than a dismissal. A dismissal is pretty much the best you can ask for once a charge has been filed.

    Quote Quoting sporta
    Is a "hold them harmless" statement a standard practice or is this a mild admission of an abuse of power?
    It's not uncommon. It might be standard practice for that City Attorney's office. It is rather coercive, though, to make you waive any civil rights claim that you might have as part of an agreement to dismiss the charge against you (or not to file charges).

    Quote Quoting sporta
    What kind of bearing does this eyewitness letter chave in our attempts to bring this to an end?
    Probably not much - but you should run it by your attorney. I say "probably not much" because the statement is from a friend as opposed to an independent witness, and as it does not fully exculpate you and your friends.

  5. #5
    Join Date
    Jan 2005
    Posts
    3

    Default

    Thank you, once again, Aaron. I very much appreciate your service, patience, and thoroughness. I have one more set of questions:

    Which might be the best way to see that no charge is filed? Wait and see OR Call the city attorney's office?

    If calling the city attorney's office, who can or is best to do so? The arrestee, lawyer, or an NYPD officer in family?

    Could a call to the city attorney's office backfire and prompt the office to file the charges?

    How much would you charge for attempting to negotiate a resolution without going to court and filing to have the record sealed or expunged? What's the difference?

    Thanks and regards,

  6. #6
    Join Date
    Sep 2004
    Posts
    758

    Default Misdemeanor Charge

    Quote Quoting sporta
    Which might be the best way to see that no charge is filed? Wait and see OR Call the city attorney's office?
    It's hard to speculate. If the charge is slipping through the cracks, a call might inspire the City Attorney to take action. If the City Attorney thinks the charge is bogus, a call might inspire him to agree that no charges will be filed.

    Quote Quoting sporta
    If calling the city attorney's office, who can or is best to do so? The arrestee, lawyer, or an NYPD officer in family?
    It depends, I suppose, on the City Attorney's preference. In my experience, the defendant won't have much luck speaking with a prosecutor or city attorney, and the best person to act through is usually a lawyer.

    Quote Quoting sporta
    How much would you charge for attempting to negotiate a resolution without going to court and filing to have the record sealed or expunged? What's the difference?
    I can't really say, as I don't know local court practices and procedures. The cost of filing to have a record sealed or expunged would depend upon whether a court appearance is necessary, or if a petition is decided without hearing simply on the submission of a form. (That latter scenario is more likely to be the case when there is an arrest, but no charges are brought.) The best way to find out if the price is reasonable, or at least if you can find a better price, is to inquire with other lawyers in the jurisdiction at issue.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Law Issues: Domestic Violence Arrest
    By needhelp11 in forum Immigration Issues
    Replies: 1
    Last Post: 07-15-2011, 12:33 AM
  2. Assault & Battery: False Arrest for Domestic Violence
    By mari_boy_wonder in forum Criminal Charges
    Replies: 7
    Last Post: 03-29-2010, 06:11 PM
  3. Search and Seizure: Gun Seizure After Domestic Violence Arrest
    By noonecouldeverguesswhoiam in forum Criminal Procedure
    Replies: 7
    Last Post: 03-13-2010, 08:26 PM
  4. Criminal Records: Can You Clear a Domestic Violence Arrest Record
    By JustAPawn in forum Criminal Records
    Replies: 4
    Last Post: 11-21-2008, 11:19 PM
  5. Domestic Violence: Domestic Violence But No Arrest
    By meche00 in forum Criminal Charges
    Replies: 11
    Last Post: 03-08-2006, 05:26 PM
 
 
Sponsored Links

Legal Help, Information and Resources