Results 1 to 3 of 3
  1. #1

    Unhappy Wrongful and Traumatizing Arrest in Domestic Dispute Case

    My question involves criminal law for the state of: California.

    In early February of this year I was wrongfully arrested, though I was only defending myself against an ex boyfriend who is known for his violence, was in juvi seven times before turning 18, and notorious for calling cops at the drop of a hat. I am 20-years-old, a female. 5'4", 110 lbs, severe social anxiety (very, very shy, clinically. on medications for my anxiety & depression), what most would consider a "girly-girl" at first glance, well-educated, and I devote my life to rescuing animals. I am in school to become an elementary school teacher and veterinary technician. Ex boyfriend is a 24-year-old male, 5'8" about, approximately 180 lbs, practices Mixed Martial Arts (MMA), is a rock climber, "shits bricks" on people's porches when they irritate him, high school drop out due to his adolescent criminal charges and time in juvenile hall, and refers to his arms/hands as "registered lethal weapons". While I was voted "kindest" and "most fashionable", Ex was voted "most powerful" and "strongest".

    Backing up. I dated "Ex" for seven months, we stopped talking for about six months, then became friends. He had asked me to be his girlfriend again and I denied him with reason on the same night, shortly before the authorities were called. While we were together previously as a couple he was verbally abusive to me. He called me a "whore", "slut", anything really that was vulgar and demeaning. When he cheated on me with the girl that he left me for, I was not heartbroken but was relieved. I was, however, pissed. I sent him a text message insulting his "manly parts" and he had his mother talk to me because he was so upset. Prior to having his mother talk to me, though, he spoke to MY mother in a sense (the whole time we were together he openly referred to my mother as the "Cunt") :he wrote in dog feces on our front door the word "Cunt". To be honest, I think I was just lonely when I started hanging around him again. I know it was dumb, but I thought he had changed. Until the night I turned the egotistical guy down.

    He asked me if we'd ever get back together and I said, "no". At this point we were not in a romantic relationship per say, but it was definitely a relationship - one that I thought had no strings attached, was purely friendly and physical. He asked me why I said "no" and so I began to list the many, many reasons. I knew that he was getting mad, but I was on a roll of sorts, and I kept going. I shouldn't have, I know this now, but with a relationship like the one we used to be in it's incredibly difficult to list only a few reasons it was destined to die because of faults on his end. I had had two and a half beers at this point, and mixed with my anxiety medications, I appeared much more "tipsy" than really I was. Note that I said two and a HALF. He jerked that third beer out of my hand unexpectedly and it all got in my hair. I stood up, he shoved me. Our first physical fight, but far from our first fight overall.

    I shoved him back. He told me to get out of his house, called me a "slut". I should have left, I know this now. But he was just making me so mad. I'm known for being stubborn, and so when I sat on his bed refusing to budge I thought he would either calm down or begin to ignore me (we often fought like this, minus the shove and force, as friends with disagreements). Then, before I knew it, he was yanking me off of his bed, I fell on the ground, he yanked me up, started shaking me, and pushed me against his table. When he came at me the next time, arms out, ready to hit me (and he did), I grabbed the closest inanimate object to me: a beer bottle opener that sat on his table. He hit my face, throwing around the fact that he was trained to fight and could kill me. Things kind of went fuzzy around this point, but I know he was shaking me again, shoving me, pulling me off the ground, I was kicking, and eventually I scraped the bottle opener against his chest. He said if I didn't leave he would call the cops. I called one of my close friends, a male, and asked him to pick me up, crying. Ex did not like this particular friend, though he'd never so much as met him, and he called me a "****ing whore", hitting me again. He then picked me up, squeazing me until I thought my bones would break and dropped me on my butt onto his porch. I got up, trying to get his sister's attention (she's my age and was the only other person around), yelling for my shoes (was wearing a thin dress, stockings, no jacket, and it was in the low thirties outside). I also did not have my purse, my keys, or anything but the clothes on my body. I tried to open the door, just to get my belongings, and it was unlocked. Before I knew it, though, I was looking Ex straight in the face, still in his doorway, one foot in the house and one out, then he punched me in the nose so hard that I flew back against the porch gate. He dialed 911 and I called my parents, because my friend lived a bit farther away. My parents got to his place probably two minutes before the cops.

    Two police cars came, and as my mom walked up the steps to Ex's house, I yelled, "I'm leaving. My parents are here!" then his sister opened the door and threw all of my belongings at me, closing the door. Ex bursted out of the door after dialing 911 again, and acted as if my parents were going to throw me in their car and take off, reading off the license plate number and describing the car they drove. My father works for homeland security, my mother works for the catholic charities - neither one has any form of criminal record either. We knew better, though, and waited for the cops, thinking that surely the woman officer heading in my direction would be on my side, or at least open to being on my side. Instead, she treated me like an annoying mosquito, told me to stay where I was, and went up to talk to Ex. When she came back she was talking to her supervisor, referring to Ex as "The Victim". I was speechless. Combine shock with severe social anxiety, and you have a pretty aloof girl when it comes to vocalizing. Nevertheless, I wore my four inch heels after putting them on, stood with my purse - containing my laptop - on one shoulder, texting with my free hand, and talking to my mom through my shivers about a dog that I was going to rescue the following day. The woman asked me maybe two questions, but - again - I was shocked, speechless. She didn't at all talk to my father, and she didn't talk to my mother. She smelled beer on me and noted that I was drunk. I told her the truth and asked for a breathalyzer, she denied me one, both times I asked, and when my mother asked. Though writing down my date of birth, my weight, my name, etc, she didn't realize that I was under 21, that Ex was supplying the booze, and that even if I WAS drunk, he had also committed a crime. My mom helped me calm down when the cop went back to talk to Ex. I took deep breaths. My dad went to the car and got me a jacket. Then when the cop came back from Ex's door, I was directed to the police car to talk to her and her supervisor who only talked to me about the weather, offering me his jacket.

    They muttered some things to one another, then the female officer asked me to stand with my back to her, my feet spread apart, and my hands behind my back. Before I knew it, she was handcuffing me, and I couldn't get a word out because of my complete disbelief. On the way to the county jail, I read what she had written on her report. Things like, "couldn't stand up straight", "was slurring her words", "drunk and disorderly", "assault with a deadly weapon", "attempted murder", "alcohol on her breath", "harassed the victim". My first words to her were critiquing what I could see of her report. She told me to shut up then noted that I "had an attitude". When I went into the station to be "processed" I was thrown around, pushed, fell a few times during the process, and was slammed against walls by numerous cops. After an hour in the "drunk tank" with high schoolers strung out on meth, crazy women, and one other girl who looked like she too was innocent, I was released. They took my DNA, drew my blood, checked to make sure I was not pregnant, etc. As the cops switched shifts, the cops taking over read my report in disbelief. The woman officers sat beside me telling me that I'd be going home soon, that Ex would be locked up if it were up to them. One of the men came and sat next to me while I was waiting for my awesome prison attire, telling me that the arresting officer - though a woman herself - always arrests the woman in domestic disputes.

    I was put through hell. Strip searched, cavity searched, put in an ORANGE jumper signifying that I was mentally unstable (because of the medications), and at the end of the dressing I was on the floor of the bathroom sobbing, the woman who had to search me stroking my hair with tears in her eyes too. I had to be put in solitary confinement because my newly pierced ear's earring would not come out of my ear. I sat and waited for court, and when I got there my parents had gotten me a lawyer. I was let out of jail about six hours later, and told to come back to court in a month exactly. As my parents exited the courtroom, they told me that the bailiff leaned towards them and said that I shouldn't have been in jail at all and that he was so sorry, I was just in the wrong place at the wrong time.

    After my release, my mother and I decided to file a complaint against the officer who arrested me and Ex. Figures, the only cop at the station was that very arresting officer, and she took me into the room to interview me again, though I knew it was hopeless. She took pictures of my many bruises, but told me that I hadn't said the night before that Ex had punched me. She didn't believe me. I told her I was in shock. I got mad, clammed up shyly and asked to leave. My mother went in to talk to her and when she came out she was red in the face, angered. The officer did not even know that I was under 21. She didn't do the simple math. Mom said she wrote "20" on a piece of paper and circled it about five times then sighed and said "maybe we can do something about the alcohol". As we were exiting the station, the arresting officer yelled after me, "YOU shouldn't have been with him if he was as abusive as you say, and YOU (to my mom) shouldn't have let her!" The officer didn't know that I'd been in a very physically abusive relationship for years before. She didn't know that my older sister is a counselor for abused women, because of what I'd been through before even meeting Ex. My best friend is also a counselor for abused women for the same reason.

    Now, a few months later, I've met with my lawyer a few times, sent information, sent friends' and family members' statements about Ex, and my attorney is confident that I was wrongfully arrested & that she can get Ex into some legal trouble. She's taken this to a trial. On June first there will be jury selection, provided the DA doesn't drop the case altogether, and the next week there will be a jury trial.

    I want this off of my records. I want to be a teacher, I want to work with medical supplies. I cannot do this with "assault with a deadly weapon" engraved on my record. I want Ex to go down. I want the arresting officer to be penalized. I want one of THEM to pay for the extra therapy I now require, for the classes I had to drop because of all of the stress and heartache they caused. I want them to suffer like I did, and I want to reveal how wrong HE is.

    If anyone can give me any tips, please let me know. ANYTHING that I need to know. ANYTHING that applies to ANY of what I mentioned. Any tips about what I should work on with my attorney, what my main goals should be, etc. I have never so much as had a parking ticket, and here I am ... assault with a deadly weapon.

    Charges were dropped from a felony to a misdemeanor a couple months ago, but that's not good enough. "I want justice", but from what I'm gathering now, the justice system is corrupt and very unjust to say the least. I'm fairly certain that the arresting officer took Ex's side not only because she is notorious for being sexist and opposed to women, but because Ex is the living, breathing definition of "a charmer", and he's very pleasing to look at, listen to, etc. The jerk can act, the jerk can charm.

    Please help me. I really want to emphasize that this traumatized me greatly. I cry every day still, and I'm afraid to leave my house because he lives nearby. I was driving home from work the other day and he was in front of me. He flipped me off and pulled over, whipping out his phone. He has a restraining order against me (didn't ask for it, it was just given automatically when he was dubbed the "victim") so there's no doubt in my mind that he was calling, or at least debating whether or not to call, the cops.

    Please. Links. Experiences. ANYTHING!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Wrongful and Traumatizing Arrest in Domestic Dispute Case

    Quote Quoting alascalnewinia
    View Post
    We knew better, though, and waited for the cops, thinking that surely the woman officer heading in my direction would be on my side, or at least open to being on my side.
    They are not there to take sides, they are there to deal with the issue at hand and act upon the evidence as presented to them.

    Instead, she treated me like an annoying mosquito, told me to stay where I was, and went up to talk to Ex. When she came back she was talking to her supervisor, referring to Ex as "The Victim".
    That's what we do ... we give people direction to stay put while we go talk to the complaining party. He called 9-1-1 and thus they were going to talk to him.

    She didn't at all talk to my father, and she didn't talk to my mother.
    No need - they were not direct witnesses.

    She smelled beer on me and noted that I was drunk. I told her the truth and asked for a breathalyzer, she denied me one, both times I asked, and when my mother asked.
    You were not arrested for DUI or even public intoxication (not that a breath test is required in a public intoxication arrest anyways).

    Though writing down my date of birth, my weight, my name, etc, she didn't realize that I was under 21, that Ex was supplying the booze, and that even if I WAS drunk, he had also committed a crime.
    If you are over 18 you can drink in your own home. Plus, they weren't there on a supplying booze call, they were there on a domestic.

    Things like, "couldn't stand up straight", "was slurring her words", "drunk and disorderly", "assault with a deadly weapon", "attempted murder", "alcohol on her breath", "harassed the victim".
    All of which you can contest at trial. Since much of it is based upon the victim's statements, if your attorney can cast reasonable doubt upon his credibility, you could prevail.

    As my parents exited the courtroom, they told me that the bailiff leaned towards them and said that I shouldn't have been in jail at all and that he was so sorry, I was just in the wrong place at the wrong time.
    None of these people - the jailers and the bailiff - were present at the scene. Plus, depending on the county you live in, it is very possible that none of them have any real street experience and may, in fact, be career jailers or court officers who have limited or no street experience.

    After my release, my mother and I decided to file a complaint against the officer who arrested me
    You can ask to speak with a supervisor to make the complaint.

    Note that an arrest is made based upon probable cause, not absolute certainty. The officer's task at the scene is to evaluate as best he or she can and attempt to arrest the person they determine to be the primary aggressor. Apparently the officer determined that was you. The officer does not have to be correct, only that they met the reltaively low legal hurdle of "probable cause."

    She's taken this to a trial. On June first there will be jury selection, provided the DA doesn't drop the case altogether, and the next week there will be a jury trial.
    Unfortunately, it might be hard to put the Ex on trial. Unless the witnesses go to his credibility, or the prosecution asserts that the Ex is an angel, some of the character issues may not get in.

    But, if he's as big a twit as you day, then you might well prevail at trial. or, the DA might drop the matter altogether. Most DA's don't like to go to trial with witnesses or victims that have serious credibility issues.

    I want this off of my records. I want to be a teacher, I want to work with medical supplies. I cannot do this with "assault with a deadly weapon" engraved on my record.
    If you are found not guilty or the charges are dropped, you can petition to have the arrest removed from your record.

    I want Ex to go down. I want the arresting officer to be penalized.
    If they do not have enough evidence to prove you attacked him first, how do you think they are going to prove that he attacked you first? Chances are it will be a push (i.e. no one gets charged). You are free to sue him, however.

    As for the officer, remember, all she needs is probable cause. From what you wrote, I see probable cause all over the place. As i said, she does not have to be right, only that she had probable cause to believe the crime was committed and that you committed the crime.

    I want one of THEM to pay for the extra therapy I now require, for the classes I had to drop because of all of the stress and heartache they caused.
    If you have the money for an attorney, you are free to sue the Ex who called the cops and, apparently, lied to the police.

    Ours is not a perfect system, but it is what we have until the day we can actually read minds or view a wayback machine.

    Good luck.

    - Carl

  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Wrongful and Traumatizing Arrest in Domestic Dispute Case

    You stabbed him. You admitted the same to a police officer. The complainant had a cut. Probable cause.

    You were intoxicated, and you have psychological problems. Unless the b/f has some serious issues, it is your credibility that is in question.

    The cop does not have to speak to your parents. They were not witnesses, and you are an adult.

    Complaining and testifying to the under age drinking in court will only be an admission of a crime on your part, and will also be used to attack your credibility. All he has to do is say you stole the beer from his fridge.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Wrongful Arrest in Domestic Violence Case
    By rainbowfish in forum Criminal Charges
    Replies: 2
    Last Post: 08-24-2011, 07:28 AM
  2. Probation and Parole: Probation Violation - Domestic Dispute Case
    By allen3651 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 05-25-2009, 04:03 PM
  3. Expungement and Sealing: Sealing Arrest Records In Felony Domestic Violence Case
    By kcd47 in forum Criminal Records
    Replies: 10
    Last Post: 12-03-2008, 12:02 PM
  4. Domestic Violence: Wrongful Domestic Battery Arrest And Charge
    By philfut1 in forum Criminal Charges
    Replies: 29
    Last Post: 05-27-2008, 11:01 AM
  5. Domestic Violence: Mutual Arrest In Louisiana Domestic Violence Case
    By worried2death in forum Criminal Charges
    Replies: 5
    Last Post: 07-12-2006, 05:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources