Going to court for obstructing EMS...what should I do?

[glassCleaner]

What is the name of your state? California

I was arrested and spent the night in jail about a 3.5 weeks ago. I have a court date next Tuesday. My charges are of misdemeanor circumstances (obstructing EMS)

I was driving home and my dad called me and told me that my mom had been in a car accident, she was alright but a little shaken up so I should come to his house(we live at different locations).So i calmly turn my car around and start driving home. About 2 seconds later a old friend that lives across the street from my parents calls me and says "get the #### home your mom just got ran over by a car". Now I'm freaking out and I rush home. When I arrive on scene my street is blocked off by 2 ambulances, a fire truck and 5 cop cars. I jump out of my car, and start running toward the ambulance. My dad tries to hold me back but I run past him , in the process he falls down and scrapes his knee. Then an EMS officer tried to hold me and I avoid him. Finally a large fireman blindsides me and I fall to the ground. As I am getting up a police officer tazers me. I get cuffed and taken to jail. During the period I was cuffed I did not resist arrest or cause problems I was very cooperative. I got booked, mug shot the whole 9 yards and spent the entire night in the drunk tank. I never had any other run in's with the law . I'm a recently college grad 23 yrs old who just started a new job 2 months ago. When I go to court what should I plead. Should I seek legal representation? What are the possible outcomes? Any help would be appreciated. Thanks in advance.

[tranquility]

Anytime you are arrested for a crime, you should get legal representation. Here, I'd get an attorney experienced in criminal cases at the court you will be arrainged at. Because of the circumstances, he may be able to get the city attorney/district attorney to not even file the charges.

[outonbail]

Did the Police or EMS/Fire think you were running at the driver of the car that hit your mother, like maybe you were going to retaliate?

You say you spent the night in the drunk tank, had you been drinking at all?

How's your mom?

[glassCleaner]

I was running towards the ambulance to see her with my own eyes...they had no idea who I was.It was a very fast event no more than 30 seconds.I arrived, saw the ambulance ran towards it, got "shut down" and taken to jail. But then again they didn't wait to find out they tazer first ask questions later.


No I was not drinking.I just spent the night in the holding cell where they put drunk drivers etc.

My Mom is fine fortunately. She was very lucky and only got swiped by the car which still caused a fracture in her left tibia and a lot of bruising. The cause was a young women driver with her child in the backseat paying attention to the child more than the road without her lights on.She swerved and as my mom was getting out of the car hit her then her leg.

Most lawyers are saying $2500.00 upfront.

[xylene]

Originally Posted by glassCleaner

Then an EMS officer tried to hold me and I avoid him.

This statement is the essence of your crime.

You were resisting a lawful direction from an emergency medical technician in the discharge of the duty of his employment.

While your emotional state is not a defense, it is sympathetic.

[CdwJava]

Yes, definitely get legal representation.

What is the specific code section you are alleged to have violated? Was it PC 148.2? if so, it's a relatively minor misdemeanor usually resolved by the arrest without prosecution. What concerns me is the fact you were hit with a Taser. I suspect that this means someone felt you presented a greater threat then you believe you did, or that your actions caused greater concern than you previously thought. It also means that you are more likely to get charged.

- Carl

[glassCleaner]

Was it PC 148.2?

Yes it was.

So If I am charged, what are the possible outcomes?I will not have to do jail time/community service correct?
So Ive spoken with a few lawyers and I have a few meetings over the weekend. They say the best thing is for the case to get dismissed.
So I need to get a lawyer so I can plead not guilty and get the case dismissed correct?

[CdwJava]

Originally Posted by glassCleaner

So If I am charged, what are the possible outcomes?I will not have to do jail time/community service correct?

You might have to do one or both as a condition of probation.

I believe the offense holds a sentences of up to 6 months in county jail and/or up to $1,000 fine (plus fees and assessments). Yes, probation with community service is an option also. Typically you would get probation and a fine.

- Carl

[laurathelawyer]

Originally Posted by glassCleaner

So If I am charged, what are the possible outcomes?I will not have to do jail time/community service correct?
So Ive spoken with a few lawyers and I have a few meetings over the weekend. They say the best thing is for the case to get dismissed.
So I need to get a lawyer so I can plead not guilty and get the case dismissed correct?

The idea of "getting the case dismissed" baffles me. Once the DA decides to file charges, they will very rarely just change their mind and dismiss the charges.

You might be eligible for a diversion program, which generally means you do some community service and eventually the charges are dismissed pursuant to that program.

I guarantee that the EMS, fireman, and police are going to say you did something a lot more serious than you think you did. Your odds of winning your case at trial are probably much worse than you think they are.

There is no reason to pay for a private attorney if you can't afford one. It does not sound like the sort of case that you will want to take to trial. You will be offered a light sentence at the plea bargain and would face an uphill battle at trial. Paying $2,500 for something that will probably be resolved with a few minutes in front of the judge is crazy.