arrest with a summons

What is the name of your state? virginia i was arrested on november 12,2002 on a dwi. i was a mile from my car when the police came (an offduty mp called the police on me-saw me get out of the car)i had a court date in january for the arrests but the prosecutor asked for a continuance to april 1,2003 so he could summon the witness. my next court date was on april 1, 2003. on march 14 the arresting officer and another female cop came to my house with a summons. i was out of the house going for a walk to smoke a cig (my mother had just gotten out of the hospital after a weeks stay). The police knocked on the door but my mother didn't hear because she was in the shower. I guess they banged on the door, and then called the house to tell my mother to come out with her hands up. She answered the door wet hair and all, and immediately the two female cops began yelling at her and trying to shove their way in. In the meantime, I had come in the basement door and walked upstairs. I heard the cops threatening my mother so I ran upstairs, checked on my daughter and closed her door (she was sleeping), and then turned to walk downstairs. The police had shoved and pushed my mother through the house and up the stairs. I greeted them and asked what they wanted. NEVER did they ask me to sign anything (This was a SUMMONS not a warrant). They started shoving and grabbing my arms (I could go on about their abuse but I don't want this post to be too long). I repeatedly asked them what they wanted-but then they handcuffed me and said you're under arrest. They arrested me for assault on a police officer, and obstruction of justice (both total lies) The summons was to charge me for hit and run on my november dwi. I didn't hit anything or anyone or damage anything (but my own car) my car was off the side of the road in a small grassy ditch. I want to know if I can charge the cops for false arrest, and assault on me. Now I have this new charge to deal with, which is a felony. I have a clean criminal record-and exceptional driving record(minus the dwi that i am appealing). this dwi is the only contact i've ever had with the police. my question-isn't this illegal? i've spent thousands of dollars and i don't want them to get away with this. What can I do? Any advice is greatly appreciated.

If, the facts of the case are exactly as you state, and even if they aren't and you were trying to avoid service of the summons, this in itself isn't cause to enter your home.

An attorney can better advise you because without all the facts of the case, and I mean ALL OF THEM, including the law as pertains to service in your state, you can't rely on this forum.

This is a matter of the legal exercise of SERVICE and you need immediate advice.

[JETX]

And this is another of those stories that I would love to be able to hear BOTH sides.

For example, does ANYONE believe that a son, hearing his mother being "threatened", would run upstairs and check on his daughter or to close her door?

Or that he "closed her door (she was sleeping), and then turned to walk downstairs."?? Any normal person would have RUN downstairs at the sound of the commotion.

Does ANYONE believe that with the above going on.... the subject would "greet" them and ask "what they wanted"?

Does ANYONE believe that a subject, who was clearly 'combative' would willingly be arrested without the possibility of a valid "assault on a police officer" charge??

Does ANYONE else catch the fact that the writer seems to have skipped from and "april 1, 2003" without ANY statement as to what the verdict was?? Could he have failed to show for court?? Could he have been convicted and failed to show for detainment??

Does ANYONE else miss the fact that the offered claim for the 'summons' doesn't hold water since it was FIVE months after the accident?? Especially since it is claimed it is TWO WEEKS before the trial??

Does ANYONE wonder what happened in the last TWO MONTHS, since this was supposed to have happened on MARCH 14, 2003??

Simply, this story pegged the BS Meter!! We clearly are NOT hearing all the facts.

[HomeGuru]

NO.

signed,

ANYONE

I take great offense to your post in reply to my request for advice. I am not angry at you personally, but one thing that you should look at, is assuming things. I'm not a male, I'm female. Nowhere in my post did I state otherwise. See how easy it is to assume something, make a quick judgement? That being said, I reread my post, and it is unbelievable even to me. But it IS the truth. I was arrested for a DWI in November. It was raining and I was driving down a one lane curving road, the posted speed is 50mph. I oversteered and braking went into a ditch on the side of the road. A car pulled up behind me and a barely 20yr. old male (have since found out he was an off duty MP) (I'm 32) got out as I was getting out of my car. I told him I was going to walk to get a friend who lives four miles down the road to tow my car , nobody was hurt and there was no damage. He said "No, I'm calling the police". So, he called, and I walked. I was a mile down this dark road when the police came. A female yelled out to me to stop-which I did not do. Then she said "Police, stop", and I did. I stood there knowing I was going to be arrested. The cop ran up and slammed me to the ground. She kicked me in my back with her knee. I asked her to get off of me, I would stand up, I was not resisting, and this was uncalled for. She yelled and FIVE MALE police officers came and jumped on me. They handcuffed me and yanked me to my feet. One of them said "Did you piss your pants?"(because my pants were wet from being slammed on the grass) and they all laughed. I was angry and told them they had no right to talk to me like that as they walked me to put me in the back of the police car. Then this arresting officer (her last name is Russell) laughed and said, "Hope you can't drive that piece of **** again" refering to my car(which is a 98 Corrola). They put me in the back seat and slammed the door. So to be honest, I was pissed. I screamed and yelled. They opened the door, again five males and Russell jumped me and "hog tied" me. Ankle cuffs and a chain to my handcuffs. I've never had an arrest period and I was shocked at their unprofessional treatment of me. Long story short about the arrest, I was calm at the station, begged Russell to loosen my handcuffs because my hands were killing me, which she refused(still hog tied-I'm5'2). She talked to the magistrate, and I was crying about how bad I hurt. She told me to shut up. She yanked me up and I asked her to let me stand on my own. She yanked me up, I held on to her arm and let out a yelp of pain. She yelled "Oh NO YOU DON"T", slammed me on the floor and alot of police jumped on me as I was still fu%$#@# hogtied. They carried me by the chain and put me in a single holding cell. Finally they took the hancuffs off of me (after THREE HOURS) and I saw my hands. A deputy said "OH MY God!!" looking at them. I told them I wanted pictures taken and I wanted to see the nurse. The nurse came two hours later, looked at my hands, which were still severely swollen and said "You should put some ice on that" and left(Like they have ice in jail). I went home and took pictures of all the bruises and cuts, and my swollen hands. My lawyer that defended me (he wasn't very good) said those pictures might be misinterpreted that I fought, and the police had to fight harder, regardless that I was SHACKLED!!! I'm aticked as I write this. I had a court date in January and the prosecution asked for a continuance because they wanted to supoena the witness (MP- other wise they couldn't convict me of a DWI, I wasn't stopped-they needed the witness). The next court date was April 1. Russell (arresting officer) came came with another police female to my house on March 7th , Sunday night to supposedly serve me with a summons. YES- I WAS NOT HERE. My mother had been in the hospital and I did not want to smoke in the house. We're both constantly trying to quit, and I didn't want her to see me smoking. I put my daughter to bed and I told my mother I was going for a walk, she said she'd be taking a shower soon. I left, walked, and smoked. Came back into the house through the basement door, and heard Russells and another females voice threatening my mother. I went all the way upstairs and checked on my daughter and closed her door. I turned to come downstairs but they had already shoved my 65 year old mother through the house, and they "greeted" me! I asked what they were here for and they didn't answer. My mother was crying in shock, my friendly lab big dog was jumping and my cat was walking through our legs. I grabbed my dog's collar and asked "What are you here for??" They didn't answer. Just yelled at my mother because she was crying. They were yanking me all over and my mother, silly as it sounds, called 911. The police said "We're already here" and hung up on her. I continually asked these cops what they wanted, but they didn't answer. My mother went to grab my dog's collar to pull her back because she was jumping, and the other officer (I use that term LIGHTLY) yelled, "Don't go for my gun" and then Russell called for backup. I yelled to my mom to get the camera. I meant the video put she got the regular camera and she took one picture. My eight year old daughter walked out of the room and screamed "Mommy, what's happening, what are they doing to you?" I've NEVER seen her look like she did that night and pray to God I never will again. These "officers" said "Shut the door" but my daughter was distraught and didn't listen. So, these COPS placed me under arrest without any fight on my part. They handcuffed me and I begged them to let me reassure my daughter, but they dragged me down the stairs. I looked at my daughter and told her it would be o.k. I would be back. I hope noone has to experience the pain of seeing their daughter like I did that night!!!!!!!!! Russell charged me with assault on a police officer (a felon) and obstruction of justice.
ALL OF THIS was to serve a SUMMONS for a hit and run!!!! I went to court April 1st, and I was slammed. My lawyer sucked, and I did as well when the judge asked if I had anything to add (I just said "I'm sorry" I'm terrible in public-stage fright). So I spent five days in jail-the judge gave me ten days. I've appealed the DWI and the hit and run. I have a new lawyer, and my new court date is June 5. He's read all the reports and is shocked at the BS I'm dealing with. He walked around his firm and showed other lawyers and they were surprised as well. I've spent close to $10,000 dollars now-all for a DWI. I go for my assault and obstruction of justice charge this month on the 20th. This police wench (no apologies) has it out for me. I have a crystal clear record-no speeding tickets-no nothing!!!!! She just thought I might not get the DWI because I wasn't in the car at the time of arrest and she has successfully made my life a living hell for six months now. I'm sorry if you don't believe me-but this is the truth. I came to this board to ask for advice. I'm pissed, sad, depressed, and hurt. Quite frankly I'm scared. After all this is over, I want to make sure that she/they does/do not get away with this. I'm not a vengeful person, but I want their badges!!!!!!!!~! I've never in my life felt anger like I do right now, and I was just looking for some advice in this forum. Sorry this is such a long post, and thanks to whomever took the time to read it. Again, any advice is greatly appreciated. Thanks ahead of time

If it makes you feel any better, I believe you and did from the start. I also had you pegged as a female in your first post, probably on the basis that you stated that there were two female officers at your house and so I presumed that you were also a female. As soon as you described the police officers conduct, I knew assault on a police officer charge was coming. So that was consistent with your story. That is a standard charge when the police behave as you stated that these did. It is as predictable as a non custodial parent in a family law case filing a suit for Custody upon being served with a Motion to Modify (increase) Child Support. It is a bargaining tool and for the police a very effective bargaining tool because the accused has far more at stake in a felony charge than police officers do in a claim of violation of civil rights. The other thing is that the vast majority of people that this happens to does not have the money to pursue the matter so these types of police officers get away with it and continue to do it again. Eventually they rack up a number of complaints of brutality and eventually they ull it on someone who will pursue it.

Since you have a lawyer, my only advice is to follow your lawyer's advice.

Thank you very much for your reply. I came to this board mainly for advice but also I guess to vent a little bit. I'm in total shock-I guess I was naive-that police actually do things like this. Ten thousand dollars later, it's still not over.
I go to my appeal for DWI and hit and run June 5, and to set a court date for assault, and obstruction of justice on the 20th of this month.
Thanks again for your response-it made me feel better that someone believed me. I have one other question for you-my lawyer said it's up to me, but on the 20th I can ask for a jury or a judge trial. We're going to talk about it a couple of days before the 20th, but I'd appreciate more opinions. No offense to the above poster, but they didn't believe me at all-it makes me think maybe it's better to have a judge for trial. Thanks again!

[JETX]

Yep, you can find 'bleeding-heart' liberals just about everywhere..... and yes, they will believe just about anything that supports their belief of corruption and abuses.
Hopefully, your peers will see this for what it really is.

Originally posted by JETX
Yep, you can find 'bleeding-heart' liberals just about everywhere..... and yes, they will believe just about anything that supports their belief of corruption and abuses.
Hopefully, your peers will see this for what it really is.

I trust that your comments are directed to me. So let's just cease avoiding this elephant in the room. Yes, JETX, I make no pretense to be anything other than a liberal. I have always been a champion of human rights and the dignity of the individual. And, yes, JETX, I know no damn well that there are abuses on the police force just as there are abuses among doctors, CPA, bankers, debt collectors and every other profession. Police officers are no exception. We also know that while a huge number of those arrested and charged are guilty and are guilty of what they were charged with that not everyone who is arrested and charged is guilty and that still others are not guilty of the offense in which they were charged. Nor do I feel a need to be ashamed of being a liberal just because Rush Limbaugh has convinced his "kudos" followers that "liberal democrats" is an obscenity.

So let me take this opportunity to say that there is a continuum on the political spectrum. I, however, would characterize myself as about center between the true center and the left. For example, since I view the bill of rights as individual rights, I also view the second amendment as an individual right to keep and bear arms rather than as the "collective rights" model or the "sophisticated rights model." The individual rights model is, of course, a conservative viewpoint but I find that consistent in my belief that the bill of rights is about individual rights--not about state rights over federal rights as most conservative view the bill of rights except for the second amendment. But if you don't like my views, let me suggest that you can avoid continued bombardment of your sensibilities be simply averting your eyes.

[JETX]

Awwww, poor baby. We got your liberal 'dander' up, did we??? I have had enough life experiences to realize what it is about.... and that every knock on the door is not the 'boogie-man'. Nor that the application of the law is a bad thing.

And since you played the 'liberalism' card.... how do you feel about CRIMINALS being allowed to enter our country?? How about if those criminals are "poor, under-educated Mexicans (or other minorities)" that come here solely in the pursuit of a better life for them. As far as I am concerned, the INS should be rounding all of them up, herding them like the cattle that they are and sending them home in boxcars. And maybe a few refrigerated trailers.

America is for Americans!! If you are not an American, wait in line, follow the rules and get a visa. Then, come on in. Continue playing by the rules and you might just win the 'American-Lotto' and become a citizen. Don't play by the rules, and get your ass kicked out....

"poor, under-educated Mexicans (or other minorities)"

well, from one of thos poor, under-educated Mexicans I'd like to say thank you for your ignorance. Keep making remarks like that and you'll get me to believe that if anyone ever needed a reason to legalize abortion they should look at you.

IF you are an attorney you've just proven that ignorance knows no boundaries. I'm just sorry for everyone on here who attempts to help others that they have been the victim of your rantings.

I learned a long time ago never to do or say anything in private that I wouldn't be proud to say in public. Maybe you truly believe what you just printed...I hope not. Because as one of those poor, under-educated Mexicans I will tell you I'm proud of my heritage and the dirt beneath my father's fingernails that allowed me to complete high school at 15, serve 4 years in the United States Air Force, complete 220 hours of College with three degrees in less than 3 years, work as a Security Liaison for the NSA in Germany, a professional basketball coach throughout Europe, Own and operate my own Newspaper and win various writing awards.

But then I'm a poor, uneducated Mexican so what I have to say isn't that important.

I wish I could think of the perfect thing to say here but all I can think of after Boxcarbill and hexeliebe got finished with you is ! No one here wants your so-called "legal" advice so slither away...

Originally posted by justice101
Thank you very much for your reply. I came to this board mainly for advice but also I guess to vent a little bit. I'm in total shock-I guess I was naive-that police actually do things like this. Ten thousand dollars later, it's still not over.
I go to my appeal for DWI and hit and run June 5, and to set a court date for assault, and obstruction of justice on the 20th of this month.
Thanks again for your response-it made me feel better that someone believed me. I have one other question for you-my lawyer said it's up to me, but on the 20th I can ask for a jury or a judge trial. We're going to talk about it a couple of days before the 20th, but I'd appreciate more opinions. No offense to the above poster, but they didn't believe me at all-it makes me think maybe it's better to have a judge for trial. Thanks again!

You ask a very difficult question: jury trial or bench trial. Certainly there are merits to both. Lawyers have debated this ad infinitum ad nauseam. Those who favor jury trials, and they do make up the majority, would rather cast the outcome among a panel of several jurors than on the decision of one person. They also argue that there are far more grounds for appeal in a jury trial than with a bench trial--i.e. a bench trial is extremely difficult to get reversed.

Now, having said that, I'm in the minority. I went through elementary school and right on through law school believing that the jury system was the best system. Shortly after I began practice, I got a petit jury summons. To make a long story shorter, everyone who was summoned would serve on a jury that week because of a shortage in jurors. So I and a police officers, who otherwise would have been struck, were put on a civil jury trial. That experience would forever change how I viewed juries. I was chosen by the panel as the foreperson. In Texas, a civil trial is submitted on special issues. The Judge instructed the jury. I read the directions aloud twice to the panel at the beginning of deliberations. It was horrible. I would rather have been in charge of 11 preschoolers.

One juror who voted "No" to the question, "Do you find from a preponderance of the evidence that the defendant was negligent in the manner that he applied the roof?" Then after voting that he wasn't negligent, could not understand why she could not vote on the amount of damages to award the plaintiff for the defendant's negligence! Of course, it must be the same 10 jurors who agree as to all issues to arrive at a verdict. The jurors wanted to discuss a variety of things prohibited from discussion. They wanted to flip a coin to decide the damage amount. They wanted to average the amount of damages. All these methods for ariving at a verdict are prohibited by instructions, which were given by the Judge orally and which I read completely though twice.

I told a judge after that experience that I would just as soon roll dice or flip a coin for a verdict than to have a jury trial. Jurors don't want to be there to start with. Most jurors do not have the attention span for a trial. They are use to 5 minute sound bites, fast foods and instant replays. Their logic skills are poor and their reading comprehension skills are worse. Even when they think that they are finding in favor of one party, their inability to follow the instructions on answering the special issues returns a verdict for the other party. They often ignore the law that they are instructed on even though they pledged an oath to follow it. The facts are too complicated for them to understand in many civil cases and so they "zone out." They, however, do better with criminal cases because the facts are fairly simple and straight forward and the case is usually exciting enough--particularly if it is a violent offense-- to hold their attention span.


There is a old saying, if the law is on your side, you want a bench trial. If the facts are on your side, you want a jury trial. Jurors tend to be more emotional and influenced by emotional appeal. Judges are more experienced in the criminal justice system and are more logical. I personally, prefer a bench trial unless I know that the judge who will be hearing the case has a personal prejudice that would prevent my client from getting a fair trial. But it is a personal decision that you and your lawyer should make together.

[JETX]

Hexeliebe:
One thing that you might have missed in my post, is the most important one!! My post had absolutely nothing to do with hispanic heritage. FYI, one side of my family, I am a 6th generation Californian, coming from Mexico and Spain to Alta California, before the Americans arrived. Some of my ancestry (mothers side) includes Pio Pico (the last Mexican governor of California), and General Vallejo and the Moraga family!!
My great-great-uncle was the first 'white' child (meaning non-Indian) born at Mission San Jose in California. So, don't start waving your Mexican flag at me!!!

And, yes, I know the difference between being a legal US resident of Mexican (or Hispanic) heritage.... and of being an illegal!!

So which are you???

I'm an American