Please help with my PC 148 obstruction of justice charge :(

[javadsmm]

California

An officer responded to a noise complaint around 2am at an apartment complex. The lessee stepped out of the home and an altercation between him and the officer occurred. From the secon story balcony I began filming with my mobile phone the officer pinning the man down using brut force. The officer then claimed he saw some one from the party with a firearm and called for backup as things intensified. I waited inside the apartment and when the second lessee and the one accused of brandishing the firearm left the apartment met with approximately 10 police officers. I belied that non-lethal weapons/force had been used, and when ordered to step outside, I refused for fear of a "trigger happy" deputy. I then called 911 and when I asked the responder what to do was told "stay inside and lock the door". I then called my father and asked that he come to the scene to witness what was happening and told the officers that I would not leave the apartment until I felt there were adequate witnesses and felt safe. When my father arrived, I called his cell and told him and the officers that I was coming out. Once out, I was placed under arrest. At the station the booked me with a 148 obstruction of justice, cited and released, and my mobile phone was held as "evidence". Please help -Michael

 

[CdwJava]

California

An officer responded to a noise complaint around 2am at an apartment complex. The lessee stepped out of the home and an altercation between him and the officer occurred. From the secon story balcony I began filming with my mobile phone the officer pinning the man down using brut force.

Is there any other way to pin a man down but through the use of force??

The officer then claimed he saw some one from the party with a firearm and called for backup as things intensified. I waited inside the apartment and when the second lessee and the one accused of brandishing the firearm left the apartment met with approximately 10 police officers. I belied that non-lethal weapons/force had been used, and when ordered to step outside, I refused for fear of a "trigger happy" deputy.

Okay ... the first subject got into an altercation and was taken into custody after being taken to the ground. A second person believed to have been armed was taken into custody apparently without such use of force. So, when the time came for you to come out, and the party that had supposedly been armed with a GUN had not been shot or otherwise beaten, why did you suddenly believe YOU would be???

I then called 911 and when I asked the responder what to do was told "stay inside and lock the door".

The 911 operator told you to lock the door from the police?!? I doubt that. If they did, then you probably did not tell them that it was the POLICE trying to get you to come outside.

I then called my father and asked that he come to the scene to witness what was happening and told the officers that I would not leave the apartment until I felt there were adequate witnesses and felt safe. When my father arrived, I called his cell and told him and the officers that I was coming out. Once out, I was placed under arrest. At the station the booked me with a 148 obstruction of justice, cited and released, and my mobile phone was held as "evidence". Please help -Michael

At this point you wait for the arraignment date (likely the date on the citation - but it might be changed, so hopefully they have the correct address).

If you have to appear in court, you bring defense counsel. If you cannot afford one, ask the court for an attorney.

 

[HighwayMan]

...officer pinning the man down using brut force.

Didn't know they still sold this stuff. Must be quite a strong scent.

 

[tranquility]

If the police "ordered" the OP out (and had the legal right to do so), the OP is in violation of the statute by not complying. A defense to crime is self defense. Such a defense must be subjectively believed and objectively reasonable. While I have my doubts as to what the OP believed, it is going to be very heavy lifting to get a jury to believe a reasonable person would act in the same way.

An attorney is the only chance to both of the possible claims. (Self defense and/or not a legal order.) Not just an attorney either. A good one. Maybe a great one. Even then**************

 

[javadsmm]

Honestly, I felt unsafe. With such pandemonium around, I chose not to leave the apartment until I felt safe that I wouldn't be harmed when taken into custody. Is it wrong that I felt threatened by the 10+ officers, dog, and threat of SWAT by a negotiator? Anyone remember this?

http://www.youtube.com/watch?v=Rm9xBF6bPqQ

or this:

http://www.liveleak.com/view?i=f35_1180404904

and less strikingly this:

http://www.liveleak.com/view?i=f35_1180404904

All I wanted was to know that my family was at the scene to act as witnesses to what transpired.

Now, assuming that I plea bargain for probation, would that have an effect on my plans to leave the country for a study abroad program? My first court date is 11-2-12 and I am scheduled to leave for Austria in January.

Thank you all for your responses. I appreciate everything you have to say.

 

[HighwayMan]

Honestly, I felt unsafe. With such pandemonium around, I chose not to leave the apartment until I felt safe that I wouldn't be harmed when taken into custody. Is it wrong that I felt threatened by the 10+ officers, dog, and threat of SWAT by a negotiator?

It matters what a reasonable person would think under those circumstances. To me it doesn't sound like you were being too rational.

All I wanted was to know that my family was at the scene to act as witnesses to what transpired.

How would that have prevented harm coming to you?

Now, assuming that I plea bargain for probation, would that have an effect on my plans to leave the country for a study abroad program?

Yes, if you're on probation then you may not be permitted to leave the country.

 

[sandyclaus]

IMHO, it sounds to me like you completely overreacted to what you irrationally decided had to be a threat against you.

The police used whatever force was necessary to subdue their suspects - including one who had a gun. In that situation, the police were doing their job to keep the rest of the residents safe from an imminent threat to their safety. How on earth did you get the impression that they were going to harm YOU?

Let me guess. The police were going door to door to get eyewitness testimony of what happened, and they learned that you had this video of the takedowns. You, being the diligent and ethical investigative reporter you believe yourself to be, felt that this encounter you captured was worth a gold mine, and didn't want to give it up to the likes of the police - who might tie it up and delay you from your perceived payday. Or worse, they might actually ERASE the video, and you'd be out ALL that precious, yet imaginary wealth you hope to gain from it. So when the police came to your door, you refused to let them in, and warned that you had video of what happened and that you were going to protect it at all costs.

Seriously - this is the only scenario that makes even one iota of sense to decipher your confused perception AND the ultimate result with your arrest for obstruction. Either that, or you have a very vivid imagination and suffer from paranoid delusions where even the local police are out to get you.

 

[BigMouthWino]

Now, assuming that I plea bargain for probation, would that have an effect on my plans to leave the country for a study abroad program? My first court date is 11-2-12 and I am scheduled to leave for Austria in January.

Not necessarily whether or not you are allowed to leave the country while on probation is up to the court, your probation officer and the country you intend on visiting. For example, you probably couldn't visit Canada.

It sounds like you have a lot going for you in the future with the track on you on with your education. Have you given any thought as to how a conviction for this offense will impact your future plans? You really need to work with your attorney to see if you can get a deferred adjudication or something along those lines in your state where you behave for a certain period of time and the case is dismissed. This is better than probation as after the dismissal you can have the record of the case expunged. The chances of you screwing up during deferral period are extremely low since you plan on being out of the country.

 

[javadsmm]

Not necessarily whether or not you are allowed to leave the country while on probation is up to the court, your probation officer and the country you intend on visiting. For example, you probably couldn't visit Canada.

It sounds like you have a lot going for you in the future with the track on you on with your education. Have you given any thought as to how a conviction for this offense will impact your future plans? You really need to work with your attorney to see if you can get a deferred adjudication or something along those lines in your state where you behave for a certain period of time and the case is dismissed. This is better than probation as after the dismissal you can have the record of the case expunged. The chances of you screwing up during deferral period are extremely low since you plan on being out of the country.

This is extremely helpful. I am going to look into a deferred adjudication. This offense happened in CA so I know that it will be an option. In your opinion, is it something a public defender woud even bother pushing for? or would an attorney have a better cost to outcome ratio?

 

[javadsmm]

IMHO, it sounds to me like you completely overreacted to what you irrationally decided had to be a threat against you.

The police used whatever force was necessary to subdue their suspects - including one who had a gun. In that situation, the police were doing their job to keep the rest of the residents safe from an imminent threat to their safety. How on earth did you get the impression that they were going to harm YOU?

Let me guess. The police were going door to door to get eyewitness testimony of what happened, and they learned that you had this video of the takedowns. You, being the diligent and ethical investigative reporter you believe yourself to be, felt that this encounter you captured was worth a gold mine, and didn't want to give it up to the likes of the police - who might tie it up and delay you from your perceived payday. Or worse, they might actually ERASE the video, and you'd be out ALL that precious, yet imaginary wealth you hope to gain from it. So when the police came to your door, you refused to let them in, and warned that you had video of what happened and that you were going to protect it at all costs.

Seriously - this is the only scenario that makes even one iota of sense to decipher your confused perception AND the ultimate result with your arrest for obstruction. Either that, or you have a very vivid imagination and suffer from paranoid delusions where even the local police are out to get you.

I appreciate your input.

 

[sandyclaus]

I appreciate your input.

I notice that you did NOT disagree with my assessment. (Folks, I think I hit the nail on the head here. )

I think we ALL know that your claims that you "didn't feel safe" were just an excuse you used to try to protect your valued video information. The police are NOT in the habit of harming innocent bystanders or witnesses.

Sorry that your payday didn't work out as you expected.

 

[CdwJava]

This is extremely helpful. I am going to look into a deferred adjudication. This offense happened in CA so I know that it will be an option. In your opinion, is it something a public defender woud even bother pushing for? or would a lawyer have a better cost to outcome ratio?

A public defender IS a lawyer.

Most court-appointed attorneys are private attorneys that agree to work for a specified contractual rate as appointed counsel. Only in a handful of large counties in California are there actual Public Defenders' offices with dedicated attorneys employed therein.

Also note that deferred adjudication is not available everywhere, and that the DA does not have to agree to one. And the issues of 148 cases can be touchy. If the cop shop is particularly hot about the issue, a plea deal may not be as likely. If its one of those things that they don't care about, then he's likely to consider it if it is a possibility in your county. In my county, the DA's office consults us before making any offer on obstruction/resisting cases, or assaults on officer cases. Your county may operate in a similar manner.

 

[Mass_Shyster]

Let me guess. The police were going door to door to get eyewitness testimony of what happened, and they learned that you had this video of the takedowns. You, being the diligent and ethical investigative reporter you believe yourself to be, felt that this encounter you captured was worth a gold mine, and didn't want to give it up to the likes of the police - who might tie it up and delay you from your perceived payday. Or worse, they might actually ERASE the video, and you'd be out ALL that precious, yet imaginary wealth you hope to gain from it. So when the police came to your door, you refused to let them in, and warned that you had video of what happened and that you were going to protect it at all costs.

Even if all of that is true, OP has a right to his property and the police cannot simply seize it (think 4th amendment). They would need a subpoena or search warrant to force OP to simply give it up.

It is also well established that you cannot be arrested in your home without an arrest warrant, so , unless the police had an arrest warrant, they could not legally order OP out of his house.

I agree OP needs an attorney. I suggest s/he start with the ACLU or NLG.

 

[javadsmm]

I notice that you did NOT disagree with my assessment. (Folks, I think I hit the nail on the head here. )

I think we ALL know that your claims that you "didn't feel safe" were just an excuse you used to try to protect your valued video information. The police are NOT in the habit of harming innocent bystanders or witnesses.

Sorry that your payday didn't work out as you expected.

No, I completely disagree with your assessment. I was in the very apartment the two already arrested lessee's owned, and filmed the events that transpired in order to protect my friends and to try and keep the officer from doing something against protocol. However, I appreciate your input because you have shown me what some people might assume based on the information at hand. What an imagination you have. Nonetheless, you have been helpful. Now please leave the rest of the comments to anyone with constructive information.

 

[javadsmm]

Even if all of that is true, OP has a right to his property and the police cannot simply seize it (think 4th amendment). They would need a subpoena or search warrant to force OP to simply give it up.

It is also well established that you cannot be arrested in your home without an arrest warrant, so , unless the police had an arrest warrant, they could not legally order OP out of his house.

I agree OP needs an attorney. I suggest s/he start with the ACLU or NLG.

Can you please explain what you mean by ACLU and NLG. Thank you for your help.