What is the name of your state (only U.S. law)? Pennsylvania
Hello,
A few weeks ago i experienced a night of hell in my house. My mom came home drunk off her ass, my sisters were crying their eyes out and my oldest sister wouldn't help me to console them, so needless to say i was angry and stressed out beyond belief.
My mom wanted to drive to her boyfriends house, i wouldn't let her because she was clearly drunk. So i drove her there and came right back.
I sat and consoled my sisters when my mom and her boyfriend came back about a half hour later. I had a drink while she was gone to settle my nerves. I'm not 21 and i know it's illegal, but i have been diagnosed with Generalized Anxiety Disorder and Panic Disorder and since i didn't have any medication at the time i "self-medicated" with one drink of rum and lemonade. I wasn't drunk, i wasn't even buzzed, but it calmed me down to a state where i could function and not have a panic attack. I know it's wrong and illegal and i've gotten an underage before which i'm currently fighting in court. However, i did it. I know it's wrong so please dont preach to me.
As i was saying, after consoling my sisters my mom and boyfriend walked in. This time they were both hammered.
I went out back to clean my gun i got for my birthday. My mother had left it in the attic and it was starting to rust and it helps me to calm down and take my mind off of things when i clean my firearms - especially this one which was in desperate need of cleaning. My sister saw it and it scared her so i put the gun away and came back inside. My mother screaming at me, drunkenly and i headed to get my cell phone to call my father.
Her boyfriend then put me in a full-nelson headlock and wouldn't let me go. I hate being touched and it drove me crazy. He's about 6'0" and i'm 5'10", i weigh about 135 pounds and he is a good 200 or so. I couldn't get out of this headlock and i kept trying and trying and trying and screaming at the top of my lungs for him to let me go. My mother told him to not let me go and he was really hurting my neck and back.
I suppose in the meantime one of my sisters called the police. They came and were standing in the other room, i didn't see them there. Neither officer told my mom's boyfriend to release me and i couldn't see them from where i was standing in the kitchen, they were down the hallway in the living room. My cell phone was on a table in the living room, when he finally let me go i sprinted towards the living room and my cell phone. I was so enraged and furious at my mom's boyfriend i couldn't see or think clearly, and once he let me go things were a blur. As i ran to my cell phone, which was on the table behind the one police officer, he knocked me back, the other officer hit me in the throat. They threw me to the ground and cuffed me, then put me in the back of the police car. They never said i was under arrest, never told me why i was being arrested and never mirandized me.
The officer drove me to the station where he then breathalyzed me, which i of course failed because of the drink i had had earlier. I was coherant and fully functional. Him and i actually sat and conversed for 2 hours at the station about everything from what had happened and life, etc. He assured me this would all blow over and not be a big deal. He said i was being charged with an underage and resisting arrest, but he never mirandized me throughout the whole time we talked. In fact at one point he admitted, himself, to drinking underage. He was the officer who cited me for my first underage, and told me that i should stay inside the house next time so that no one would be able to 'nab' me for it. We had a very pleasant conversation, i told him about how crappy my home situation is and my mother's alcoholism, etc. By the end of the 2 hour session we were practically friends and i do like the officer a lot.
However, i have a few questions:
1.) How can i be arrested for resisting arrest? Dont you need to be guilty of a crime and then arrested? I dont see how one can be arrested for resisting arrest with no other charges. I wasn't breathalyzed until after i was arrested and at the police station.
2.) Do i have grounds for something like EED (Extreme Emotional Disturbance/Distress)? I was in a headlock against my will, in pain, having an anxiety attack and not thinking clearly. My only intent was to get to my phone to call my father - he's always the voice of reason and handles situations much better than my mother.
3.) My father and i are looking into getting an attorney, but we're not the wealthiest of families, i'm at a prestigious college whose financial aid dept. is paying about 90% of my tuition.
4.) I understand that Resisting Arrest is a Misdeamor II in PA - what is the most likely punishment? I go to school in Baltimore and live outside Philly in PA. I have no other crimes against me except two traffic tickets, and one underage (and now the 2nd underage and resisting arrest).
5.) I'm a pre-med major and want to be a doctor and now i'm worried that my dreams and what i've worked so hard for will be gone because i'll never pass a background check.
Basically - What should i do?
Thanks so much!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Hello,
A few weeks ago i experienced a night of hell in my house. My mom came home drunk off her ass, my sisters were crying their eyes out and my oldest sister wouldn't help me to console them, so needless to say i was angry and stressed out beyond belief.
My mom wanted to drive to her boyfriends house, i wouldn't let her because she was clearly drunk. So i drove her there and came right back.
I sat and consoled my sisters when my mom and her boyfriend came back about a half hour later. I had a drink while she was gone to settle my nerves. I'm not 21 and i know it's illegal, but i have been diagnosed with Generalized Anxiety Disorder and Panic Disorder and since i didn't have any medication at the time i "self-medicated" with one drink of rum and lemonade. I wasn't drunk, i wasn't even buzzed, but it calmed me down to a state where i could function and not have a panic attack. I know it's wrong and illegal and i've gotten an underage before which i'm currently fighting in court. However, i did it. I know it's wrong so please dont preach to me.
As i was saying, after consoling my sisters my mom and boyfriend walked in. This time they were both hammered.
I went out back to clean my gun i got for my birthday. My mother had left it in the attic and it was starting to rust and it helps me to calm down and take my mind off of things when i clean my firearms - especially this one which was in desperate need of cleaning. My sister saw it and it scared her so i put the gun away and came back inside. My mother screaming at me, drunkenly and i headed to get my cell phone to call my father.
Her boyfriend then put me in a full-nelson headlock and wouldn't let me go. I hate being touched and it drove me crazy. He's about 6'0" and i'm 5'10", i weigh about 135 pounds and he is a good 200 or so. I couldn't get out of this headlock and i kept trying and trying and trying and screaming at the top of my lungs for him to let me go. My mother told him to not let me go and he was really hurting my neck and back.
I suppose in the meantime one of my sisters called the police. They came and were standing in the other room, i didn't see them there. Neither officer told my mom's boyfriend to release me and i couldn't see them from where i was standing in the kitchen, they were down the hallway in the living room. My cell phone was on a table in the living room, when he finally let me go i sprinted towards the living room and my cell phone. I was so enraged and furious at my mom's boyfriend i couldn't see or think clearly, and once he let me go things were a blur. As i ran to my cell phone, which was on the table behind the one police officer, he knocked me back, the other officer hit me in the throat. They threw me to the ground and cuffed me, then put me in the back of the police car. They never said i was under arrest, never told me why i was being arrested and never mirandized me.
The officer drove me to the station where he then breathalyzed me, which i of course failed because of the drink i had had earlier. I was coherant and fully functional. Him and i actually sat and conversed for 2 hours at the station about everything from what had happened and life, etc. He assured me this would all blow over and not be a big deal. He said i was being charged with an underage and resisting arrest, but he never mirandized me throughout the whole time we talked. In fact at one point he admitted, himself, to drinking underage. He was the officer who cited me for my first underage, and told me that i should stay inside the house next time so that no one would be able to 'nab' me for it. We had a very pleasant conversation, i told him about how crappy my home situation is and my mother's alcoholism, etc. By the end of the 2 hour session we were practically friends and i do like the officer a lot.
However, i have a few questions:
1.) How can i be arrested for resisting arrest? Dont you need to be guilty of a crime and then arrested? I dont see how one can be arrested for resisting arrest with no other charges. I wasn't breathalyzed until after i was arrested and at the police station.
2.) Do i have grounds for something like EED (Extreme Emotional Disturbance/Distress)? I was in a headlock against my will, in pain, having an anxiety attack and not thinking clearly. My only intent was to get to my phone to call my father - he's always the voice of reason and handles situations much better than my mother.
3.) My father and i are looking into getting an attorney, but we're not the wealthiest of families, i'm at a prestigious college whose financial aid dept. is paying about 90% of my tuition.
4.) I understand that Resisting Arrest is a Misdeamor II in PA - what is the most likely punishment? I go to school in Baltimore and live outside Philly in PA. I have no other crimes against me except two traffic tickets, and one underage (and now the 2nd underage and resisting arrest).
5.) I'm a pre-med major and want to be a doctor and now i'm worried that my dreams and what i've worked so hard for will be gone because i'll never pass a background check.
Basically - What should i do?
Thanks so much!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
