S
spencert
Guest
What is the name of your state? New York
Hi all,
Here's a short summary of the situation
I was crossing 3rd Avenue w/ a friend when a police van at the intersection turned its lights on and proceeded to back up towards me during a 3-point turn. The officers (2) may not have seen us. I slapped the side of the van, not hard, waved my hand at the van and proceeded to cross the street at a normal pace. Nothing was said to the officers.
They swung around, got out, one officer kept saying "Just cuff him" to the other officer. I was cuffed, slammed against the van, falsely accused of giving them the finger (one of the officers eventually refuted the other officer's accusation), and detained for approx. 30 minutes before being issued a citation. I was released thereafter. I remained calm and cooperative throughout the entire time. The officers mentioned they were on the way to a burglary before this incidence occurred.
Areas of contention:
- Reckless driving, regardless of lights.
- I was not read my Miranda rights before being detained.
- Being thrown up against the van unnecessarily.
- One officer was overtly belligerent and provocative (same officer who kept saying "Just cuff him", threw me against the van, and accusing me of giving them the finger.)
- The description on the citation was quite a bit more emphatic than the actual events. I was accused of being "enraged" and "screaming", from what I saw of the officer's description. I feel it was the other way around.
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I now have a court date in a few weeks since the public defender present strongly suggested I contest this and find a lawyer. While I admit to slapping the police van, the other issues should be resolved to lessen whatever action the judge decides to take. I may be able to bring my friend who was with me as a witness.
The questions are: would it be worth the time and money to hire a lawyer for something as small as discon? Can a lawyer be appointed to be at the time of trial? Will having a lawyer help in not having to do community service if it comes to that? Thanks in advance.
Hi all,
Here's a short summary of the situation
I was crossing 3rd Avenue w/ a friend when a police van at the intersection turned its lights on and proceeded to back up towards me during a 3-point turn. The officers (2) may not have seen us. I slapped the side of the van, not hard, waved my hand at the van and proceeded to cross the street at a normal pace. Nothing was said to the officers.
They swung around, got out, one officer kept saying "Just cuff him" to the other officer. I was cuffed, slammed against the van, falsely accused of giving them the finger (one of the officers eventually refuted the other officer's accusation), and detained for approx. 30 minutes before being issued a citation. I was released thereafter. I remained calm and cooperative throughout the entire time. The officers mentioned they were on the way to a burglary before this incidence occurred.
Areas of contention:
- Reckless driving, regardless of lights.
- I was not read my Miranda rights before being detained.
- Being thrown up against the van unnecessarily.
- One officer was overtly belligerent and provocative (same officer who kept saying "Just cuff him", threw me against the van, and accusing me of giving them the finger.)
- The description on the citation was quite a bit more emphatic than the actual events. I was accused of being "enraged" and "screaming", from what I saw of the officer's description. I feel it was the other way around.
------------------------------------------------------------------------
I now have a court date in a few weeks since the public defender present strongly suggested I contest this and find a lawyer. While I admit to slapping the police van, the other issues should be resolved to lessen whatever action the judge decides to take. I may be able to bring my friend who was with me as a witness.
The questions are: would it be worth the time and money to hire a lawyer for something as small as discon? Can a lawyer be appointed to be at the time of trial? Will having a lawyer help in not having to do community service if it comes to that? Thanks in advance.