• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unbelievable...the Irony. Is this legal?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

dac9dac

Guest
Advice?
I placed a call from my residence that was being attacked by girlfriend. I meet officers in hallway and they observe my bleeding mouth. After much discussion I'm asked if I want to press charges and say no. Officer writes report, hands to me, I add the notation "I was attacked". Officer becomes upset. He takes me outside, rewrites report and asks me to sign again. I reply I just simply want notated for the record that I was the one who initiated the police contact and that I'm the one injured.
Officer became upset saying he had enough and cuffed me and placed me in holding cell until noon the next day when I appeared before the Judge that assigned me an order of protection until 7/14/04 and said I also must appear before another judge evening of 8/14/03.
I now am back at my residence and my girlfriend says she did not press any charges and did not ask for any order of protection.

1) How can I legally be placed in a cell overnight without being arrested, read right, fingerprinted etc...?
2) How can an officer/judge independently decide that they shall place an order of protection upon me?
3) How can my refusing to sign a report until it accurately depicts that I requested the police assistance and was the only party physically injured being interpreted by the officer as disorderly conduct?
4) What can I expect from the judge when I apperar 8/14/03?
 


VG1013

Member
dac...I don't think anyone is going to answer your question unless you tell them what state your in?
 

stealth2

Under the Radar Member
He's in NY.

For starters - if there is an order of protection (and I wasn't clear if it was against you or her) - you should not be having ANY contact w/your g/f! What do you think a protection order means?

I would think the police have a pretty wide latitude on what they can and can't do. Your first mistake was changing the police report yourself. It would have been better to read it, and then ask him if it could be indicated that you initiated the call. Even if he had refused - you could have had it amended after the fact. Quite frankly, it's a really stupid idea to argue with cops.
 
P

pamela vandi

Guest
Questions

Were you arrested because you refused to sign the paper? Or because you yelled at the cop about it?

Like the other poster asked, was the order of protection against you or your girlfriend?

Please post the outcome of this travesty on this thread. If your girlfriend testifies on your behalf, you will be acquitted. I suggest that she accompany you to court, order of protection nonwithstanding. I also suggest that your girlfriend contact a free "legal aid" attorney if the protective order is against you and if she wants it to be rescinded.

You're right; this is a most ironic situation, brought about by a most moronic cop!
 

stealth2

Under the Radar Member
Re: Questions

pamela vandi said:
If your irlfriend testifies on your behalf, you will be acquitted.
You have no way of knowing this, VG. Most judges know that DV victims change their stories when it comes time to testifying. The one to be concerned about it the cop & his testimony. Hopefully OP has an attorney representing him.
 

HomeGuru

Senior Member
Re: Re: Questions

momma_tiger said:
You have no way of knowing this, VG. Most judges know that DV victims change their stories when it comes time to testifying. The one to be concerned about it the cop & his testimony. Hopefully OP has an attorney representing him.
**A: who are you responding to? PV made the comment not VG? Mind your P's and Q's. hahaha.
 

stealth2

Under the Radar Member
Good catch, Home Guru!!! Yes, it is to Pamela. I wish people wouldn't make such categorical statements.
 

VG1013

Member
LMFAOOOO...@ homeguru.

momma said... You have no way of knowing this, VG.

****for a minute there, I couldn't figure out what I said lol. It was an honest mistake ;)
 

stealth2

Under the Radar Member
It sure was! I saw the VG flicker by when I went to the post, and it just stuck with me! But I have a good excuse for being a bit whacked today - just got home from a w/e of rafting/camping with a bunch of friends, and only got a few hours of sleep last night. So I'm not firing with all cylinders.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top