Suppresion Hearing Victorious, Or Was It!

[t_airriah]

What is the name of your state? pa

I recently won a suppresion hearing where the judge ruled that the evidence being used against me haD to be surppressed because it was seized during an unlawful arrest. During the hearing the officer was repededly caught lying, however, the arresting officer is claiming that he was hurt during the arrest and is charging me with aggravated assault. As a result the judge dismissed every charge against me EXCEPT the assault. I have witnesses that can testify that i didn't touch the guy, but my counsel seems to think that all the cops have to do is prove is that they were hurt during the altercation. Is this right? can I be convicted for assault when i never assaulted anyone?

[seniorjudge]

Originally Posted by t_airriah

What is the name of your state? pa

I recently won a suppresion hearing where the judge ruled that the evidence being used against me haD to be surppressed because it was seized during an unlawful arrest. During the hearing the officer was repededly caught lying, however, the arresting officer is claiming that he was hurt during the arrest and is charging me with aggravated assault. As a result the judge dismissed every charge against me EXCEPT the assault. I have witnesses that can testify that i didn't touch the guy, but my counsel seems to think that all the cops have to do is prove is that they were hurt during the altercation. Is this right? can I be convicted for assault when i never assaulted anyone?

Q: Is this right? can I be convicted for assault when i never assaulted anyone?

A: Yes. If anyone was hurt in the fracas (even if you never touched him) you could be successfully tried for assault.

[t_airriah]

so what do you recommend i do? I considered firing my attorney because i thought he was selling me out. upon reading your response i'm a liitle confused now. should i now consider some sort of plea agrrement? thanks in advance

[gawm]

How did he get hurt while arresting you? Were you resisting or did he trip over his shoe lace?

[t_airriah]

(sorry For The Caps) When The Officer Attempted To "illegally Arrest Me" As Was Ruled By The Court, He Became Overzealous And Began Spraying Oc Spray. In The Process He Not Only Sprayed Me But Sprayed Himeself And The Other Officer That Was There. During The Brief Second That Both Cops Were Stunned By His Clumsiness I Was Momentarily Let Go. At That Time I Took Off. When The Officers Noticed That I Was Running They Began To Pursue Me, During Which Time, The Officer That Sprayed The Mace Tripped Over The Other Officer And Fell To The Ground (total Klutz). He's Claiming That He Had To Go To The Hospital Because Of The Injuries From His Fall And Is Charging Me With Agg. Assault As A Result. Can I Be Convicted Of This Because Of His Clumsiness And If So What Is The Best Way To Fight. I Have Witnesses That Can Testify To Their Use Of Excessive Force. Or Should I Plea To A Lesser Charge?

[CdwJava]

First, did the court use the words: Unlawful arrest" when refering to the officer's actions? or, as is more likely, did he state that the officer lacked probable cause for the arrest?

It is also possible that an officer made an arrest believing there was sufficient cause only to find out later that no crime had in fact occurred ... probable cause is all that is needed to make an arrest.

In general, injuries sustained as a result of YOUR actions (in this case, resisting arrest, apprently) can be charged against you. Whether this i sthe status of the law in your state is questionable, but if the judge is saying you are to be held liable, I am guessing that this IS the status of the law there.

So, yes you CAN be convicted of an assault for injuries the officers received by your actions - whether intentional or not. You might not be convicted, but you can be charged. It will all depend on the details.

I would have just hit you with a Taser ... works better than OC spray.

- Carl

[t_airriah]

i'm in pa. is there any way to defend that or should i try to do a plea. as of right now i'm only facing aggravated assault. but before the suppession i had close to 15 charges against me. the officers failed to make the last three hearings and alot of people in my camp beleive that they may not be no longer concerned with the case. (the case is from 2004) what kind of plea do you think they will offer me? thanks again carl!