Beat Down By Cops In San Diego

[Beaten Down]

This past weekend in San Diego CA, I was walking home in the rain from a friend’s house when I was approached from behind by two men. One of the unidentified men grabbed my arm and asked what I had in the cup I was carrying which was empty. Out of instinct, I pulled away from the man groping my arm and immediately found myself being thrown to the ground by a police officer. After being thrown onto the ground, my face was then thrust against the sidewalk which cracked one of my teeth, caused lacerations to my face and punctured my lip. I ended up being charged with public drunkedness and evading a police officer. During this encounter, I did not lash out against the officer in anyway. On this particular night I had a few drinks, but I was not behaving abnormally when I was approached--I was simply walking home only 2 blocks away from my house.

The men failed to identify themselves as police officers at any point. Again, the area where I was stopped was not well lit and it was raining, which made it difficult for me to immediately recognize the men as police officers. After I was thrown to the ground and handcuffed, the officers never told me that I was under arrest. I even asked the officers specifically, “Am I under arrest?” to which I was given the reply, “You just hold on.” The officers later drove me to what appeared to be a police substation where I asked again, “Am I under arrest, and if so, could you read me my rights?” One of the officers then said, “Oh, you want me to read you your rights?” Only then did he remove a card from his pocket and read my Miranda rights. I then asked him for the time, to which he replied that it was 3:30AM. I mentioned that it had taken them 3 hours to read my rights and asked that it be included in the police report as such, but I did not see the officer make note of my statement.


I'm not sure how to proceed from this point. It already cost me $550 to pay a bail bondsman to get out of jail. I have no prior record. Any advice on what to do?... I'm frustrated with the situation and not sure what to do right now.

One more note: My name was misspelled on everything at the police station including the police report, my jail bracelet, and the bail bondsman's paperwork. Does that even matter?

thank you so much for any advise,

Beaten Down in SD

[aaron]

You are charged with what offense?

[Beaten Down]

I was charged with 2 offenses: Drunk in public and evading an officer (I believe that's how the second charge was termed)

[aaron]

What was your BAC?

[Beaten Down]

My BAC was never tested. They never had me take a breatalyzer or perform any field sobriety tests, nor was I behaving abnormally in any way when they approached me. I was simply walking home very near my house, and I was carrying an empy glass--perhaps they mistook it for an open container of alcohol?

[Mr. Knowitall]

You should hire a lawyer or request a court-appointed lawyer.

I am quite confident that their version will have you staggering down the road, reeking of alcohol, carrying a glass which appeared to contain alcohol, and trying to run away when confronted.

[Beaten Down]

I figured as much.

I need to talk to a lawyer to figure out whether these charges are misdemeanors or felonies. Simple internet searches haven't given me any luck. Does anybody know?

Evading a peace officer (i was not driving a vehicle. i was walking)
Drunk in public--I assume this one is a misdemeanor

Also, how do I gain access to a public defender? ...Just go to the courthouse and ask for an attourney? Can I do this prior to the court date, or will it be some bozo that I get to talk to for only 10 minutes prior to the hearing?

[cdwjava]

This past weekend in San Diego CA,

Ah, my old stompin' grounds!

I ended up being charged with public drunkedness and evading a police officer.

Likely resisting or obstructing a peace officer (per PC 148(a)) and public intoxication (per PC 647(f)). Both are misdemeanors.

During this encounter, I did not lash out against the officer in anyway. On this particular night I had a few drinks, but I was not behaving abnormally when I was approached--I was simply walking home only 2 blocks away from my house.

Apparently you were walking down the street with an open container of alcohol ... a muni code violation in San Diego. When you pulled away, they apparently felt you were resisting or obstructing their lawful inquiry. By pulling away, arguing, or otherwise causing a disturbance they apparently articulated that you were intoxicated to the point where you were unable to care for yourself or others (the objective symptoms are very broad, and the consumption of alcohol and causing a disturbance are all that may be necessary).

The men failed to identify themselves as police officers at any point.

But ... you just wrote: "I pulled away from the man groping my arm and immediately found myself being thrown to the ground by a police officer" ... apparently they were wearing some kind of identifier because you recognized them when you got taken down.

If they failed to ID yourself, this will play out well for your defense to add to reasonable doubt.

Were they in plain clothes? If they were in uniform, you're out of luck trying to claim you did no recognize them. If you DO try that argument, and they were uniform, you might find that it plays AGAINST you in court as the prosecution will simply say that you were SOOOO drunk you could not recognize a police officer in uniform.

After I was thrown to the ground and handcuffed, the officers never told me that I was under arrest.

I bet you were told later.

They don't have to engage you in conversation at that moment.

One of the officers then said, “Oh, you want me to read you your rights?” Only then did he remove a card from his pocket and read my Miranda rights.

Keep in mind that Miranda is only required if they intend to question you after you are in custody. In this case - up to this point - they had no requirement to even read you your rights.

I then asked him for the time, to which he replied that it was 3:30AM. I mentioned that it had taken them 3 hours to read my rights and asked that it be included in the police report as such, but I did not see the officer make note of my statement.

Well, since there was no statutory requirement to Mirandize you, it's not relevant. It would have the same legal relevance as the officer telling you what he ate for lunch that day.

I'm not sure how to proceed from this point.

Consult an attorney.

One more note: My name was misspelled on everything at the police station including the police report, my jail bracelet, and the bail bondsman's paperwork. Does that even matter?

Not really, no.


- Carl

[cdwjava]

Also, how do I gain access to a public defender? ...Just go to the courthouse and ask for an attourney? Can I do this prior to the court date, or will it be some bozo that I get to talk to for only 10 minutes prior to the hearing?

If you cannot afford an attorney, one should be appointed for you at your arraignment.

For more information, contact the San Diego County Public Defender's Office:

http://www.co.san-diego.ca.us/public_defender/

- Carl

[Beaten Down]

Thanks so much for the insight, Carl! This tells me a lot, and I think I know what I need to do next. You have been a huge help. Thanks again!