Public Intoxication - Assaulted - Car impounded - Need help!

[Cyno]

What is the name of your state (only U.S. law)? Virginia

Hey there,

A bit stirred up, so please bear with me.

Last night I was arrested (violently) for "public intoxication". I was inside of a parking garage attempting to sleep when I was approached, snatched from my car, and assaulted by police officers. My entire chin is bloody and scabbed from their glorious work of "protecting". Key was not in the ignition and I had no intentions of driving. I was not resisting and I clearly remember being punched in the jaw but by whom exactly I'm unsure (there were a good 5-7 cops present).

They impounded my car after searching it without my permission. Won't tell me where. I got out of jail this morning and everyone around me received their personal belongings. I didn't receive mine because I was being "combative". Mind you, I was completely sober at this point and cooperating. I told the deputy to get his **** together and I was assaulted a second time (drug down a hallway forcefully and thrown against a wall and shoved back in a cell).

They have my wallet, all my cards, cash, ID, car keys, house key, etc. They claim I can't get it back until Monday. I had to walk 5 miles home and break into my own house. I called in to try and settle things so I could receive my belongings and was put on hold for 20 minutes and upon calling back 10+ times it just rings with no answer.

Not much of this seems legal. Could anyone here fill me in? Can they really just take my life and hold it hostage for the weekend? How am I supposed to eat and get to work tomorrow? How do I handle the situation?

I feel as if I was doing the proper thing by not drinking and driving. Yet, they've impounded my car, assaulted me, and took everything I own.

I don't mind paying the public intoxication charge, but I feel no need to have to pay the hefty costs of getting my car out of the pound (which would be much cheaper if they told me where it was so I could do so now).

Would you recommend getting a lawyer? I feel like I should; however, I've never had to do so before (only 24 with no criminal past).

 

[tranquility]

I told the deputy to get his **** together

You were in jail and you told a deputy that? Good times. While I don't know your past, you must have seen a movie or TV show on such matters in your life. That you, while sober, felt this was the appropriate comment to make shows that perhaps you were a bit combative the night before. Just saying.

The key was not in the ignition and, while Virginia law seems to be more and more of control of the vehicle state, the current decision requires a sleeping driver to have a key in the ignition to be DUI, so the arrest for drunk in public is appropriate. Your problem is that you may very well be charged with obstruction or justice or assaulting an officer as well. Sure, you didn't do it. But, I suspect there will be 5-7 cops who think differently. Also, there may be some other story as to why they were there. Did someone call them because of your previous escapades for the evening? I ask because it is unusual for a cop to find someone sleeping it off in his vehicle and have a need to call more than a backup to make the arrest. 5-7 seems like they were thinking you were different.

The search of the vehicle was fine for two reasons. One, it was contemporaneous with arrest where you were inside and two, an inventory search. They can impound a car per policy when arresting you--although some might just let is stay there if the arrest was without incident.

Depending on the charge(s), you will probably want an attorney for your defense. If by getting an attorney you were thinking of suing the police/jail/whoever, I'm thinking that is not going to be profitable.

 

[Cyno]

I'm not denying being combative the night before. However, I wasn't combative until I was forcefully yanked out of my car and assaulted. I did not refuse to get out of my car and was willingly stepping out (after being asked to) when I was rushed.

And yes, I did tell a deputy that. He was unable to return my items (and mentioned the cash they took totaled to $10 and some change, when I had $115 in my pockets) and was unable to provide me with a voucher for them.. nor did I ever sign these items away to begin with. This was also at the same time where they had my mailing address on a "Recognizance" form that was incorrect; I refused to sign it as there's no way I could get the mail from the address the had posted. This lead to more hostility and I was screamed at, shoved into a seat, and forced to sign the page.

I don't see being combative an excuse to hang onto my personal belongings. I also see him not having his **** together as him not having his **** together. I know you may think I'm just being hostile for no reason; however, their disrespect towards me was prominent from the beginning and they deserved none better. It's actually quite shocking that these types are what make up the police force. I've never had a personal issue with police. I've see things/heard stories and always kept my distance. It saddens me to have witnessed first hand that the stories are true and that these people are running around the streets with legal firearms and, essentially, the power to do as they please. It's literally sickening.

I was only charged with "OBS-3712-O4 DIP" (which I assume stands for Drunk in Public). There were no previous "escapades". I left from a bar that was doing a singer/songwriter competition, quite intoxicated, and made my way back to the car without any trouble on the way there. I knew I was too intoxicated to drive so I simply leaned over in my front seat to sleep. My convertible top was down. An officer was talking with me for a while before the rush of other cops showed up.

I'm not interested in suing anyone. I am interested in having this charge dropped (as well as the fines for releasing my car) due to the way I was treated. I would also like to get my items back.. like now. From what I can see online, there is absolutely no reason for them to have kept them.

Do you think it would be wise to go with the freebie attorney or to pay out of pocket for one?

P.S. - I have no cards and no money. There is no way for me to even get food because of these *******s. I just walked a mile to my bank to hopefully withdraw some cash and they denied me due to not having an ID or card (even after hearing this ravishing story). I am hung over and starving.

I can't even leave my house without leaving it unlocked or having a window open (huge security risk as I have a lot of equipment in here).

I also have to find a way to get back to the place on Monday to pick up my crap (which will most likely be a hassle as they gave me no voucher) and miss class.

This is absolutely ridiculous.

 

[justalayman]

Cyno;3159092]I'm not denying being combative the night before. However, I wasn't combative until I was forcefully yanked out of my car and assaulted. I did not refuse to get out of my car and was willingly stepping out (after being asked to) when I was rushed.

Of course, that is your version of the events. Many people who are drunk have a problem with having a clear enough mind to be able to accurately recall prior events. Not saying you do not recall the situation but as tranquility stated, it is quite unusual for a cop to call 5-7 other cops as back up for a simply public intox arrest with only one person involved.

And yes, I did tell a deputy that. He was unable to return my items (and mentioned the cash they took totaled to $10 and some change, when I had $115 in my pockets) and was unable to provide me with a voucher for them.. nor did I ever sign these items away to begin with. This was also at the same time where they had my mailing address on a "Recognizance" form that was incorrect; I refused to sign it as there's no way I could get the mail from the address the had posted. This lead to more hostility and I was screamed at, shoved into a seat, and forced to sign the page.

So, at least you can prove the incorrect address on the form, right? Many stations have video up the wazoo so that may be something you should look into to support your claims. By chance, the address on the form; any idea where they got it from?

; however, their disrespect towards me was prominent from the beginning and they deserved none better

that is a huge statement right there. It is all but an admission to the charges made. You are saying your actions were justified due to their actions. Not a good position to stand on.

I was only charged with "OBS-3712-O4 DIP" (which I assume stands for Drunk in Public). There were no previous "escapades". I left from a bar that was doing a singer/songwriter competition, quite intoxicated, and made my way back to the car without any trouble on the way there. I knew I was too intoxicated to drive so I simply leaned over in my front seat to sleep. My convertible top was down. An officer was talking with me for a while before the rush of other cops showed up.

So, why did the police just happen to be strolling through the parking garage?

Do you think it would be wise to go with the freebie attorney or to pay out of pocket for one?

If you can afford to pay for an attorney, it is unlikely you will qualify for a public defender and vice versa. You are only appointed an attorney if you qualify for one.

 

[CdwJava]

If you can afford your own attorney, chances are you will not qualify for one paid for by the state.

Most such arrests can usually be disposed of on a plea. Getting the charges "dropped" will depend on the prosecutor, and getting them "dismissed" will be much harder.

 

[tranquility]

You only know what you were arrested for, you don't know what you've been charged with yet.

Google:
stanford prison experiment

Jails deal with bad guys all day and night long. All. Day. And. Night. After day. After night. If someone is respectful and compliant, they will be treated as a criminal. If they are not respectful and compliant, they will be treated as a criminal who needs to adjust his attitude--or worse. You accused a deputy who does this all day as being incompetent. That was stupid or ignorant. If you are ever in such a position again, you stand (behind the line) with a stupid smile on your face and answer "Yes, sir." and "No, sir." to his questions as appropriate. What? No questions? Then just stand there with a stupid smile on your face. It's not rocket surgery. While it may not be "right", it is the smart play.

By not making the smart play, now you don't get to do things informally. A phone call to the jail and the like. Now you get to do things officially. Write letters, submit forms and such. I don't know the process there, you'll have to research it or ask your attorney.

As to the charges for treatment deal, forget it. They are unrelated. Now, in my state, if no one got their underwear in a bunch on such an arrest, they government will often consider it disposed by arrest and there would be no court. Here, because of the altercation, probably not. I'm not sure of your defenses to the crime, so you might as well utilize the court appointed attorney. It's not like there is going to be a big trial or anything. The car fines are not going away. They are not government fines, but the cost of the tow company (Which may be affiliated with the police.). As I said earlier, on an easy arrest the police might just allow a properly parked vehicle to not be impounded. Here, it was not easy, there was some risk as it was not secured (being a convertible) and it may not have been legally parked if the lot was posted with a limit of some kind. The impound is almost assuredly legal.

 

[Cyno]

I responded to these posts, but it didn't register for some reason. So, here it is again a bit shorter:

justalayman
Unusual or not, it happened.

I'm not sure I understand your argument against my justification. Take self defense.. it's completely justifiable. One person attacks another and the first's actions cause for the second's to come into existence. I see no difference here. I refuse to be simply used as a rag doll and it's shocking that the advice here is suggesting it's okay. It's irrelevant if they're physiological or verbal/psychological attacks (though both were received).

I've got no idea why he was riding through the garage. I'm assuming he was looking for people like myself? I'm confused as to why you're asking this.

I guess I will have to look for one. When should I begin talking to them if my date is May 24?



tranquility
Oh jeez.. so you're saying I could have been charged with other things and not know it? Why would they not inform me of these?

I understand what you're saying about playing it smart. Though, it's harder than it sounds and, for me at least, is impossible after being thrown to the ground, punched, and taunted.

I will talk with my attorney and hope for the best.

Any insight as to the situation about my personal belongings?



I thank you both for the help.

I had no idea America was so bad off.

 

[justalayman]

I'm not sure I understand your argument against my justification. Take self defense.. it's completely justifiable. One person attacks another and the first's actions cause for the second's to come into existence. I see no difference here.

there is a difference. If it is actually self defense, fine but you will play Hell proving it was. There are 5-7 witnesses that say the police did not use undue force and then, only used force when you gave cause. Go ahead and defend yourself against that. Right or wrong, you will lose.

I've got no idea why he was riding through the garage. I'm assuming he was looking for people like myself? I'm confused as to why you're asking this.

It goes along with the fact there were 5-7 other police involved. It is unusual for a cop to be cruising a parking garage and it is unusual for a cop to wait for 5-7 other officers to arrive as back up before attempting to get you to step out of your vehicle. It suggest there is more to the story, whether you are aware of it or not, than you are stating here.

I guess I will have to look for one. When should I begin talking to them if my date is May 24?

talking to whom? a PD? Have you been arraigned (where your charges are officially presented to you in court and you are allowed to enter a plea)? That is when a public defender would be discussed. If you have already hired a lawyer by that time, a PD isn't going to be offered.

Oh jeez.. so you're saying I could have been charged with other things and not know it? Why would they not inform me of these?

the prosecutor could review the situation and determine that other or additional charges are appropriate. The cops may not even be aware of additional charges being filed.

I had no idea America was so bad off

well, I have to say of all the people I know that have been arrested for public intox, DUI, and even a few crimes worse than either, not one of them have experienced what you have. Maybe it's not America.

It's irrelevant if they're physiological or verbal/psychological attacks (though both were received).

that surely shows a lack of wisdom on your part. There is a time and a place to keep your mouth shut, even if you are right, even if they are being abusive. There are times to not offer any resistance to force as it will only increase the amount of force used on you. It's better to get hit once and it end because you didn't present a defense than it is to get hit once, hit back and then have the weight and force of 5-7 men show you what not having wisdom costs you.

While I will say that I have seen, what I consider, more force than necessary used to control many arrestees, the problem is, by fighting back, you give justification to them increasing their use of force which will result in the arrestee being injured to some extent.

 

[dave33]

I responded to these posts, but it didn't register for some reason. So, here it is again a bit shorter:

justalayman
Unusual or not, it happened.

I'm not sure I understand your argument against my justification. Take self defense.. it's completely justifiable. One person attacks another and the first's actions cause for the second's to come into existence. I see no difference here. I refuse to be simply used as a rag doll and it's shocking that the advice here is suggesting it's okay. It's irrelevant if they're physiological or verbal/psychological attacks (though both were received).

I've got no idea why he was riding through the garage. I'm assuming he was looking for people like myself? I'm confused as to why you're asking this.

I guess I will have to look for one. When should I begin talking to them if my date is May 24?



tranquility
Oh jeez.. so you're saying I could have been charged with other things and not know it? Why would they not inform me of these?

I understand what you're saying about playing it smart. Though, it's harder than it sounds and, for me at least, is impossible after being thrown to the ground, punched, and taunted.

I will talk with my attorney and hope for the best.

Any insight as to the situation about my personal belongings?



I thank you both for the help.

I had no idea America was so bad off.

Spend some time on youtube or any other time an officer is being taped without knowing it. It is your story vs. police story, Unless you have a tape you have no chance. They also know how to fill out the report to make every action justifiable and will never admit to even acting to hostile for a half a second. You may want to fill out a complaint so the officers acting this way have some documentation showing some complaints. Sometimes ecven filling out a complaint can be a hassle.
You can of course consult an attorney. This will not be cheap, but who knows, maybe these officers have a history of such behavior. Even if they do, there is no guarantee that information will be made available to you without a heckuva fight and a ton of money.
Your personal belongings.... Depends on what the cops feel like doing. It seems you rubbed them the wrong way so don't be surprised if some of these things never existed. Again, it's your word vs. theirs, they are honorable, you are not. goodluck.

 

[Cyno]

there is a difference. If it is actually self defense, fine but you will play Hell proving it was. There are 5-7 witnesses that say the police did not use undue force and then, only used force when you gave cause. Go ahead and defend yourself against that. Right or wrong, you will lose.

This seems to be quite true. I may ask to get the tapes from the parking garage pulled if my attorney advises me to do so.

It goes along with the fact there were 5-7 other police involved. It is unusual for a cop to be cruising a parking garage and it is unusual for a cop to wait for 5-7 other officers to arrive as back up before attempting to get you to step out of your vehicle. It suggest there is more to the story, whether you are aware of it or not, than you are stating here.

I would think if there was some specific reason that I would have heard one of them speak of it at some point. I can try asking when I go back to get my items.

talking to whom? a PD? Have you been arraigned (where your charges are officially presented to you in court and you are allowed to enter a plea)? That is when a public defender would be discussed. If you have already hired a lawyer by that time, a PD isn't going to be offered.

I have not been arraigned. I'm not even sure how court truly works. Do I go once and hear all of the charges and then set up another court date that I bring my attorney to? ..or can I just grab an attorney and have it settled in one court date?

the prosecutor could review the situation and determine that other or additional charges are appropriate. The cops may not even be aware of additional charges being filed.

Okay. I see what you're saying.

I don't think any other chargers will be deemed appropriate.

well, I have to say of all the people I know that have been arrested for public intox, not one of them have experienced what you have. Maybe it's not America.

That was partially a sarcastic joke. The internet is full of stories much like my own. Very few of them have had success getting off even with a lawyer, by the looks of it.

 

[Cyno]

Your personal belongings.... Depends on what the cops feel like doing. It seems you rubbed them the wrong way so don't be surprised if some of these things never existed. Again, it's your word vs. theirs, they are honorable, you are not. goodluck.

This sucks to hear. I will surely be placed back in jail if my items go missing.

 

[tranquility]

Oh jeez.. so you're saying I could have been charged with other things and not know it? Why would they not inform me of these?

The district or city attorney makes charges, not the police. The police arrest and report. That is reviewed by the DA and he files charges. They are told to you at the arraignment. For such a minor event, the citation may count as the charges, but I don't know Virginia law specifically on what constitutes a charging document.

I understand what you're saying about playing it smart. Though, it's harder than it sounds and, for me at least, is impossible after being thrown to the ground, punched, and taunted.

It's one thing while drunk and surprised, but something else again sober and in jail. Cops are used to people not respecting their a-thor-i-tay but deal with the general public so don't tend to react in the same way. Jails are different.

Any insight as to the situation about my personal belongings?

Ask your attorney, but I bet you need to write a letter requesting the unreturned items.

As to the "self-defense" that may help to any obstruction or police battery they may try to charge. It does not affect the public intoxication.

Finally, while I think it awesome you didn't drive that night, it's not really a responsible thing to get as intoxicated as you did. Maybe at home the day your dog, mom or favorite vehicle died; but not in public. One sign of having a problem with alcohol is that...wait for it....alcohol causes problems in your life. Relationship, work or legal problems go hand in hand with alcohol abuse. Maybe it was the best darn party music you heard that night combined with getting dumped or something that made that night go outside your comfort zone. We all make mistakes. But, consider the great Dean Wormer [ http://www.youtube.com/watch?v=bK-Dqj4fHmM ]. Perhaps this is a life lesson.

 

[justalayman]

Spend some time on youtube or any other time an officer is being taped without knowing it. It is your story vs. police story, Unless you have a tape you have no chance. .

As I posted, I do not totally disagree with the possibility but the smart person has to realize that you are at a deficit simply because it is criminal v. the cops. That is tough to overcome. Sometimes it is better to turn the other cheek, literally if needed, than to fight back. Chances are you will lose if you do. If you are fairly assured of not being able to prove excessive force, would you rather have a bruise or many severe lacerations or taser burns. Not saying it is right, just accepting reality.





On top of that, what you see on youtube is a very small representation of the many many arrests that take place regularly. Given the common presence of video cameras in everybody's pocket, one would expect to see many more "bad cop" videos if all arrests were like those.

Then, of course, nobody puts the video where the cop was a nice guy. Wait, yes they do. Check out this douchebag's videos. He instigates contact with the police simply to announce his rights to carry a weapon. Wastes taxpayer money and creates a lot of fear in every community he decides to prance through. https://www.youtube.com/watch?v=ehIt8l19C5k

 

[betachains]

What is the name of your state (only U.S. law)? Virginia

Hey there,

A bit stirred up, so please bear with me.

Last night I was arrested (violently) for "public intoxication". I was inside of a parking garage attempting to sleep when I was approached, snatched from my car, and assaulted by police officers. My entire chin is bloody and scabbed from their glorious work of "protecting". Key was not in the ignition and I had no intentions of driving. I was not resisting and I clearly remember being punched in the jaw but by whom exactly I'm unsure (there were a good 5-7 cops present).

They impounded my car after searching it without my permission. Won't tell me where. I got out of jail this morning and everyone around me received their personal belongings. I didn't receive mine because I was being "combative". Mind you, I was completely sober at this point and cooperating. I told the deputy to get his **** together and I was assaulted a second time (drug down a hallway forcefully and thrown against a wall and shoved back in a cell).

They have my wallet, all my cards, cash, ID, car keys, house key, etc. They claim I can't get it back until Monday. I had to walk 5 miles home and break into my own house. I called in to try and settle things so I could receive my belongings and was put on hold for 20 minutes and upon calling back 10+ times it just rings with no answer.

Not much of this seems legal. Could anyone here fill me in? Can they really just take my life and hold it hostage for the weekend? How am I supposed to eat and get to work tomorrow? How do I handle the situation?

I feel as if I was doing the proper thing by not drinking and driving. Yet, they've impounded my car, assaulted me, and took everything I own.

I don't mind paying the public intoxication charge, but I feel no need to have to pay the hefty costs of getting my car out of the pound (which would be much cheaper if they told me where it was so I could do so now).

Would you recommend getting a lawyer? I feel like I should; however, I've never had to do so before (only 24 with no criminal past).

Not sure what you are trying to achieve.

Everything sounds legal. Or, if not legal, you will have a hard time proving it.

The car impound costs are done; you will have to pay if you want the car back. There is no way around it. Actually, without your license and proof of registration you can't get it back.

Without ID or money or credit cards, you will have to depend on the kindness of friends/family until you get replacements. If you don't have other resources, most towns/cities have soup kitchens or free meals for the indigent.

You didn't seem to understand that whatever the law/paperwork says, you will have to meekly submit on occasion. When talking to the police, or the ER staff, or (especially) the jail people, you can't be disrespectful. You talk back using bad language? Oops, combative. Probably on meth. Hold him down. He is resisting? Hmmmm...... Sure, it sucks, and craps all over your civil rights. Nothing you can do about it.

You can try and beg (not demand) to get your personal stuff back. If not successful, you will have go thru written channels which will take months. In the meantime, call your financial companies to get replacement cards and checks.

Tough lesson in humility, but you can't really f around with the Man.

 

[Cyno]

What I'm trying to achieve: the least amount of payment possible (for instance, I want the cheapest way out) while getting my possessions back in the quickest way possible. The charge itself isn't that bad and I could care less if I have it on my record. That said, I don't need to pay a $250 fine, after getting my ass kicked in a defenseless position, on top of however much it cost for them to tow my car, that was legally parked, and hold it in the pound for three days.

They've said I'll get my stuff back tomorrow. It doesn't seem likely for them to keep my stuff for months.. but I will be sure to keep my mouth shut.

I'll be waking up at 6am in order to begin my long walk there. Wish me luck =(. If they don't give me my car keys back, I will be forced to drop out of my senior year of college. If that's the case, I will be surely paying out of the ass for an attorney.