Need advice on my arrest... can someone help?

[jackie928]

What is the name of your state? Michigan

Hi everyone,

This is kinda long, but I want to make sure I get everything down...

Our roommate (a straight male) has a girlfriend (ex at this time) that likes to call my girlfriend and I names (lesbo, *****, etc.) ... about a month ago, she tried to have our roomate (her b/f) arrested for hitting her ... we later found out, she had stabbed him and gouged him with her car key, and he did strike out at her to get her to stop. Anyway, at that time, she started calling us names to our face (before that it was just behind our backs), and we told her we wanted her off our property and to never set foot on it again. We talked to the police, and they informed us, if she came back, to call them and order her off our property in their presence. Well, this last Sunday, our roommate and her had went somewhere in her car. At some point they got into an argument, and she brought him back home. When pulling in our driveway, she hit the curb and flattened her tire. She then proceeded to pull up and strike the back of our car. The police were called, and when they arrive, my girlfriend went out and told the officer she wanted this girl off our property. The whole time, the girl was shouting profanities and calling my girlfriend lesbo and *****. The officer then looked at my girlfriend and told her to shut up and go back in the house. He never said anything to the girl on our property. My girlfriend tried to tell him this is what we were told to do, and also she had struck our car, but again he told her to shut up and go back in the house. Well, this girls dad came and pulled the car out of our driveway, and across the road in front of our house. He proceeded to work on it out there, and the officer left. At some point, my girlfriend, our roommate, the girl and her dad got into a shouting match. I was sleeping, and was awakened to this, so I got dressed and went outside. We were all shouting at each other... at this point, the girl ran back across the street, opened our gate (my girlfriend, my roommate and I were all inside the gate surrounding OUR property) and punched our roommate 4-5 times in the head and face as hard as she could. I stepped in between, and she swung at me and missed. She then swung again and hit my girlfriend 2 times ... my girlfriend never swung back because she didn't want to get in trouble for fighting ... I grabbed the girl by the hair, and pulled her away and down from everyone.. then her dad came running at us with the tire iron in his hand, telling us to leave his daughter alone, and threatening to hit us all ... he told his daughter to hit us again as much as she wanted because he said he would tell the officers that he saw it all and that WE hit her first. By this time, my girlfriend was back on the phone with 911 ... the dispatcher wanted to know the make of the vehicle they were attempting to leave in, and the license number. I walked out into the road, behind their vehicle, and told my girlfriend the number. At this point, the girl came running away from the vehicle and stated, "your not on your property now bitch" and started punching me ... I let her hit me 2 or 3 times, and by then I'd had enough... so, I started hitting her back, punching her to get her away from me ... her dad again started threatening me with the tire iron (he'd been doing this off and on during the whole argument) ... just then, I saw the police coming up the road, and the girl ran back to her vehicle. When the first officer stepped out of his car, he immediately told me to turn around, I was under arrest. I asked him why, and he stated that he had seen me hitting the girl. I told him I was DEFENDING myself, and he said it didn't matter, I was in the street ... he was very rude, and very nasty, and refused to listen to anything I had to say. Although he went to the girl and her father and listened to them in LENGTH about "their version" of what was happening ... this was the same officer that had come the first time and told my girlfriend to "shut up and go back in the house" ... When the other officers pulled up, my girlfriend came out of our fenced in yard, to see why they were putting handcuffs on me .... She then turned and went into our house, to get my ID and things to bring to me at the police station. I saw another officer go to our door, enter our house, and the next thing I knew, my girlfriend was in handcuffs and she was being arrested also. Finally, after an officer got into the car I was sitting in, I asked him if the girl (roommates girlfriend) was going to be arrested also. He told me that he was taking me and my girlfriend to the police station, that he would probably just write us a "ticket" to appear in court, and release us on a personal recognasence (sp?) bond. He said the girl would get the same thing, but they refused to take her to jail because during this whole fight, her 11 month old daughter was sitting in her vehicle crying her eyes out. They refused to do anything about the father threatening us with the tire iron, and I asked them why the father couldn't take the baby home, and they could arrest her just like they were arresting us. They refused to do that. So, we ended up going to the police station, handcuffed in front of everyone in our neighborhood, and she got to hop in her vehicle and go home. Our court date is in a week, and I'd really like some advice on what we can do, LEGALLY, as far as the officers go... we feel like they totally treated us like dirt ... they refused to stop her from calling us names, swearing at us, refused to do anything about her hitting our vehicle, and treated us like we didn't have any rights at all, on our own property... also, they said because they didn't "SEE" her attack us on our property, we had to file charges seperately (which we would like to do, but don't know how to go about it) ... I know this will probably come down to he said/she said, but I am really just so frustrated right now, because I don't know what legal options we have when we go to court. Also, I don't know about my girlfriend, but I was never read my rights when I was arrested. Don't they have to do that, even if they only issued us a "ticket" ?? By the way, our tickets both say "Disorderyly Conduct" on them, then mine says, "fighting in public" and my girlfriends says "mutual affray" ... I'm soooo sorry that this is so long, but I wanted to make sure I got everything in here ... I would thank anyone for any advice they could give me on this ...

Thank you

[acmb05]

Originally Posted by jackie928

What is the name of your state? Michigan

Hi everyone,

This is kinda long, but I want to make sure I get everything down...

The officer then looked at my girlfriend and told her to shut up and go back in the house.

Good advice

Originally Posted by jackie928

At some point, my girlfriend, our roommate, the girl and her dad got into a shouting match.

Evidently she did not Shut up and go in the house and stay there or you all could have avoided all of this.
Thank you[/quote]

[jackie928]

So, I'm guessing our only rights are to stay in our home, and not come out ... what about being told to come out when the officer was there and ordering her off our property?

Since she HIT OUR CAR I thought we had rights too?

Guess I was wrong

[seniorjudge]

Originally Posted by jackie928

So, I'm guessing our only rights are to stay in our home, and not come out ... what about being told to come out when the officer was there and ordering her off our property?

Since she HIT OUR CAR I thought we had rights too?

Guess I was wrong

...The officer then looked at my girlfriend and told her to shut up and go back in the house....

Your girlfriend should've followed the cop's orders.

[CdwJava]

Originally Posted by jackie928

we later found out, she had stabbed him and gouged him with her car key, and he did strike out at her to get her to stop.

Or so he told you. Since you "later found out" you obviously did no have personal knowledge of this account.

She then proceeded to pull up and strike the back of our car.

This is a civil issue to begin with, and NOT a criminal matter.

The whole time, the girl was shouting profanities and calling my girlfriend lesbo and *****. The officer then looked at my girlfriend and told her to shut up and go back in the house.

A good idea. We can't get much done with two people yelling, so we usually send one person away until we can sort things out. In this case, since she lived there, it was easier to send her away. The other possibility is that the officer felt your girlfriend was being the most obnoxious of the two.

He never said anything to the girl on our property.

What was he supposed to say when both women were yelling at each other?

Well, this girls dad came and pulled the car out of our driveway, and across the road in front of our house. He proceeded to work on it out there, and the officer left.

Yep. Matter resolved ... or it should have been. If there was damage to the parked car, then it's time to contact the insurance agency.

At some point, my girlfriend, our roommate, the girl and her dad got into a shouting match.

This wouldn't have happened if they had gone to their neutral corners.

I was sleeping, and was awakened to this, so I got dressed and went outside.

So, you really DO NOT know what happened the firt time around, do you?

I stepped in between, and she swung at me and missed. .... [SNIP] ... I grabbed the girl by the hair, and pulled her away and down from everyone

Ugh! Bad news by all involved!

.. then her dad came running at us with the tire iron in his hand, telling us to leave his daughter alone, and threatening to hit us all

Arguably in defense of his daughter who he may have perceieved as being attacked by three people.

I saw the police coming up the road, and the girl ran back to her vehicle. When the first officer stepped out of his car, he immediately told me to turn around, I was under arrest.

We tend to do that when we see people whacking each other in the road ... the one doing the whacking gets cuffed and tossed in the car. It's not considered a good idea to let angry, fighting people wander about as we try to sort things out. And self defense is a justification defense in court and NOT a free pass to avoid arrest.

he was very rude, and very nasty, and refused to listen to anything I had to say.

I'm guessing he was tired of all the people yelling at each other, and he was one guy dealing with 4 or 5 angry people. I'd probably throw you in the car without listening, too. Frequently I have to tell suspects, "We'll talk later."

The other girl apparently got a citation for the same thing. However, by removing one or more of the parties from the scene you tend to allow for a natural cooling down. Plus, arresting the other girl may well have necessitated seizing the child. And the officers likely did no see her as the primary aggressor.

Remember the cops arrive and see you whacking the girl in the street. THEN they hear the other versions of events ... everyone's version was likely different, so they go with what they have in front of them. They're going to go with what they saw and send everyone to a court to let a judge decide what to do.

Our court date is in a week, and I'd really like some advice on what we can do, LEGALLY, as far as the officers go...

Not a whole lot. They do not have to tell someone to stop calling you names ... hitting your vehicle was not a police issue ... and the fight THEY saw was on the street and not on your property. If you feel they discriminated based upon your sexual orientation - and you can PROVE this - then you can hire an attorney and try to sue the agency. You can also simply file a personnel complaint against the officers if you feel their conduct was unprofessional or otherwise improper.

Also, I don't know about my girlfriend, but I was never read my rights when I was arrested. Don't they have to do that, even if they only issued us a "ticket" ??

Only if they interrogate you AFTER the arrest.


- Carl

[jackie928]

Well, I have to say thank you ... I may not totally agree with everything you answered to me, but at least it's nice to know someone took the time to read what I wrote, and at least help me out ...

The only problem I really have with the officer telling my g/f to shut up, and not saying anything to the other girl, is that SHE was on our property while yelling all this ... and we had been specifically told by another officer if she came back and did that again, we were to go over to her, while the officer was present, and TELL HER we wanted her off our property ... this officer never even gave us a chance ... he just told my g/f to shut up ...

I guess we'll just have to wait until our court date and see what happens ...

Thanks again

Jackie