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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Police Abuse

    My question involves police conduct in the State of: Virginia

    A few months ago, a domestic situation took place in front of my home. After the incident, I called the the police and reported I was on my way to the police station. On route, I was pulled over by an unmarked car, not 200 feet from the police station (which was my designation), the officer was on her cell phone talking and didn't immediately get out of the car. I rolled down my window and pointed for her to go across the street and follow me. Instead of getting out of her car and approaching me, she throws her cell phone, jumps out of the car and draws her weapon. She yelled, "get your a** out of the f**n car", I went into a state of shock! I didn't get out! I pulled over into a parking lot then got out of my car. We were directly across the street from the police station. She pulls behind me, and as she exited her vehicle, I stated to her, "officer, you just threatened my life and I have not eluded or threatened you, you have violated my civil rights and I want you to call someone else over here to this scene". She stood there baffled for a minute, then began yelling, "I got a warrant for you", (but there was no warrant), then she started yelling that she owned the town, ran the town and she wasn't calling in anyone else or following me anywhere. After asking her two more times to call someone else to the scene or walk across the street, she finally did .. they arrested me and I got charged with -- obstruction of justice and assault on a police officer! Her story at the magistrate was -- I used my service weapon and knew I shouldn't have -- then started telling the magistrate that I stated I was CIA and a judicial judge (which I didn't). I have been to court twice, her testimony keeps changing, now it's I tried to run her over in my car or I got out of my vehicle too fast and she was threatened for her life. They say I am going to spend anywhere from 6 months to a year in jail unless I take a plea of simple assault and a year in jail suspended. Considering I am asking for a trial, they insist the jury will take her word over mine! Had she pulled the trigger, I would be dead right now! What would her excuse have been then? I decided to go to trial and take my chances. I reported her to internal affairs but I don't think it is going to make a difference.

    What is considered a civil rights violation? Am I at wrong? And was she right for pulling her weapon because I guess she RAN THIS TOWN and felt like it? Anyone?

  2. #2
    Join Date
    Dec 2009
    Posts
    2

    Default Alleged Assault on a Police Officer

    My question involves criminal law for the state of: Virginia

    If I am currently in a court case where I have decided to take my case to trial because an officer pulled her weapon on me without a rightful cause (or so I believe), am I able to file a counter charge against the officer with assault with the intent to kill or some charge of that nature? Or does the officer's word always stand?

    The officer wears a camera on her walky-talky thing and stated there is only a clip of what happened on there but refused to bring it to court. I asked my attorney to file a court order for the video, he stated he would but had done nothing. I went to court today and he tries to make me take a plea of simple assault, I refused. But can I file another complaint somewhere else like internal affairs or a higher court in the state of Virginia against the officer, or at least start a law suit? below is what happened:

    My question involves police conduct in the State of: Virginia

    A few months ago, a domestic situation took place in front of my home. After the incident, I called the the police and reported I was on my way to the police station. On route, I was pulled over by an unmarked car, not 200 feet from the police station (which was my designation), the officer was on her cell phone talking and didn't immediately get out of the car. I rolled down my window and pointed for her to go across the street and follow me. Instead of getting out of her car and approaching me, she throws her cell phone, jumps out of the car and draws her weapon. She yelled, "get your a** out of the f**n car", I went into a state of shock! I didn't get out! I pulled over into a parking lot then got out of my car. We were directly across the street from the police station. She pulls behind me, and as she exited her vehicle, I stated to her, "officer, you just threatened my life and I have not eluded or threatened you, you have violated my civil rights and I want you to call someone else over here to this scene". She stood there baffled for a minute, then began yelling, "I got a warrant for you", (but there was no warrant), then she started yelling that she owned the town, ran the town and she wasn't calling in anyone else or following me anywhere. After asking her two more times to call someone else to the scene or walk across the street, she finally did .. they arrested me and I got charged with -- obstruction of justice and assault on a police officer! Her story at the magistrate was -- I used my service weapon and knew I shouldn't have -- then started telling the magistrate that I stated I was CIA and a judicial judge (which I didn't). I have been to court twice, her testimony keeps changing, now it's I tried to run her over in my car or I got out of my vehicle too fast and she was threatened for her life. They say I am going to spend anywhere from 6 months to a year in jail unless I take a plea of simple assault and a year in jail suspended. Considering I am asking for a trial, they insist the jury will take her word over mine! Had she pulled the trigger, I would be dead right now! What would her excuse have been then? I decided to go to trial and take my chances. I reported her to internal affairs but I don't think it is going to make a difference.

    What is considered a civil rights violation? Am I at wrong? And was she right for pulling her weapon because I guess she RAN THIS TOWN and felt like it? Anyone?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Charging an Officer

    About all I can suggest is that you consult an attorney to evaluate the totality of the circumstances to see if you have a civil case at all. Understand that even if you have a case, it does not mean that it will be worth the money or time to pursue.

    If you engage an attorney, that attorney can seek all the necessary reports and records and make the evaluation you might need.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charging an Officer

    Were you brandishing a firearm at this "domestic situation"?

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