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Double Jeopardy and Police Brutality

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Raeley

Junior Member
My brother is being charged twice with the same crime, and when he was rearrested for it he was assaulted by the officers.

The original charge was a paraphinalia charge. The charge was dismissed with prejudice, and he has no criminal record. He was was riding his bike one evening when the cops pulled him over (for having no electric light). He willingly gave his correct information and a warrant came up for the charge that had been dismissed.

My brother informed them it had been taken care of and asked to call my mother. They handcuffed my brother with one cuff and he called. My brother and mother were discussing my mother bringing going to the scene with verification, and this caused an already hostile officer to anger more, insisting that my mother "didnt need to come". Then my brother said, calmly, "I have to go mom, they're arresting me now".

They finished cuffing my brother and it was the officer who hung the phone up.

When my mother arrived at the scene my brother was being wheeled into an ambulance. The cops had two different stories as to what happened. The "bad cop" did not want my brother taken in an ambulance and insisted the medics "just bandage him up", but the medics had to take him in. When one officer told the "bad cop" my brother was bleeding, the "bad cop" decided to charge my brother with resisting arrest causing injury to self, claiming my brother ran.

My brother says he did not run, and that he would not run handcuffed. He says he was thrown into the police car which caused a head injury.

For me the proof is in the pudding, if the head injury is consistent with that cause and not falling. Also, would a person who was going to run call his mother, especially considering how he ended the call?

Nothing my brother could do would justify the State of Arizona's failing to maintain their court records. It is costing my family heartache and money.

The warrant is showing a different case number, but it is the same case. This was brought up years ago when the old charge was dismissed. The date was changed and the case number was changed. My mother brought it up, and they assured her it was the same case. This can be proven, Im sure, with investigation.

One problem. The assigned defense attorney doesn't even want to look at my brothers paperwork.

Another problem is my family is first generation in the USA, and my mother keeps insisting "you cant fight city hall". It seems they are intimidated by the system.

Where does one even begin?

I live in AZ
 


The Occultist

Senior Member
Your brother needs to get a lawyer. That is the absolute only relevant advice you will be able to receive from this forum regarding your brother's circumstances. And no, I don't care whether or not he can afford an attorney, he still needs to get one.
 

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