My 15 year old sister was arrested...

[jasden]

What is the name of your state (only U.S. law) New York state

I'll start from the top on this..

My 15 year old sister was walking down the sidewalk with her friend and another 15 year old girl from her school came up behind her and hit her with a baseball bat. My sister turned around and hit her a few times, while the mother of the girl (whose house was right there) began cheering on the girl that hit my sister. When the girl was visibly losing the conflict two men (about 30 years old each) came running out of the house and body slammed my sister into the pavement. They then began roughly twisting my sisters arm to the point she felt it was going to pop out of the socket. One man was carrying a knife which fell onto the ground near my sister. She grabbed it in fear but it was taken from her hand.

The mother of the girl called the police, my sister (now injured) stood up and shouted that she wanted the police to come and she wasn't going anywhere until they arrived. When the police arrived and spoke to the girls mother and the two men, they arrested my sister. My sister verbally resisted and the police slammed her very hard against the back of the police car while handcuffing her. The officers watch was pressed into her eye giving her a black eye, the handcuffs were placed on her tight enough to nearly draw blood and completely cut off circulation. She was placed into the police car and after several minutes began kicking at the door shouting for the handcuffs to be loosened. The officer opened the door and began kicking my sisters legs with a lot of force.

It wasn't for some time that an officer loosened the handcuffs for my sister. My mother arrived at the scene and the police confronted her saying she was not aloud to see my sister. From which point my mother was not informed of what was to be done with her, come to find out she was taken downtown to the police station for questioning. At no point was my sister in contact with my mother or read her rights. The police contacted my mother to tell her that she was free to go and that she was being charged with Criminal Mischief and Criminal Possession of a Weapon.

My sister is supposedly going to be informed of a court date.

My question is, did the police do anything wrong here? Do we have a case against the police?

Also, the police informed my mother that she was not able to file charges against the men that assaulted my sister. What can be done about that?



Thank you

 

[CdwJava]

My 15 year old sister was walking down the sidewalk with her friend and another 15 year old girl from her school came up behind her and hit her with a baseball bat. My sister turned around and hit her a few times, while the mother of the girl (whose house was right there) began cheering on the girl that hit my sister. When the girl was visibly losing the conflict two men (about 30 years old each) came running out of the house and body slammed my sister into the pavement. They then began roughly twisting my sisters arm to the point she felt it was going to pop out of the socket. One man was carrying a knife which fell onto the ground near my sister. She grabbed it in fear but it was taken from her hand.

So, let me get this straight ... your teenage sister recovered from a strike with a bat that blindsided her, fought with the girl that attacked her, fought off two men - one with a knife, and then picked up the knife ... She's either one heck of a scrapper, or she spins one heck of a yarn.

Is there any witness to support her version of events?

When the police arrived and spoke to the girls mother and the two men, they arrested my sister.

Clearly there was another side to this tale.

My sister verbally resisted and the police slammed her very hard against the back of the police car while handcuffing her.

That can happen when you fight the police.

At no point was my sister in contact with my mother or read her rights.

Miranda is generally only required when a person is both in custody and interrogated. if no interrogation took place, then her Miranda rights did not have to be read to her.

Of course, maybe they did read them to her and she either does not recall them or is saying they were not. But, if her statements after the arrest are brought up to be used against her in court, her attorney can seek to have the statement suppressed if there is any such in-custody statement.

The police contacted my mother to tell her that she was free to go and that she was being charged with Criminal Mischief and Criminal Possession of a Weapon.

She is lucky she did not go to juvenile hall.

My question is, did the police do anything wrong here? Do we have a case against the police?

You do not have a case against anyone. Your mother - on your sister's behalf - might have a case against the police for injuries sustained pursuant to the arrest, but that will depend on the details. Are there medical reports detailing the injuries? Then, of course, if she was fighting with the cops, injuries sustained as result of her fighting are not likely to result in any litigation, or an award.

Mom needs to consult a criminal defense attorney, first. Then, she can consult a civil attorney to evaluate the circumstances to determine if there might be a civil case against the police, perhaps to cover medical costs. If the attorney wants to be paid up front, that's a good sign that her case is not that strong. if he wants to take it on contingency, then he or she has a good feeling that the agency will likely settle quickly (usually this is a small amount plus expenses).

Also, the police informed my mother that she was not able to file charges against the men that assaulted my sister. What can be done about that?

Not much.

Mom can either talk to the DA or hire an attorney to sue the other parties. Unfortunately for your sister, it seems clear that the other parties are believed to be the victims here, and your sister appears to be the aggressor. I would love to read what their account of events was. Apparently it significantly differed from your sister's.

 

[jasden]

How is my sister the aggressor if she was the one that was initially attacked, acted in self defense and then was attacked by two grown men? Isn't that child abuse and assault?

She hasn't been taken to the doctors/hospital yet. My mom figured it was best for her to rest as this all ended at around 1:00 AM.

Also, how is it not excessive use of force to kick a 15 year old girl over and over?

 

[jasden]

Also the whole accusation against my sister made by the other party was that she had a knife and intended to use it. The knife belonged to the men that assaulted her, she took it out of fear of being further injured, why is that so bad?

Is it legal for them to detain her and question her without allowing her mother to be present?

Also there were, I believe 3 witnesses. All of which were about her age.

 

[CdwJava]

How is my sister the aggressor if she was the one that was initially attacked, acted in self defense and then was attacked by two grown men? Isn't that child abuse and assault?

Child abuse, no ... assault, perhaps.

But, the story has a taint to it ... it doesn't sound right. A 15 year old that manages to fight off a surprise attack with a baseball bat and then an assault by two grown men - one with a knife? Sorry, but something does NOT sound right. I know very few Marines that could fare so well!

I understand that you want to believe your sister, but there just might be another version of events that is a tad bit closer to the truth of the matter.

She hasn't been taken to the doctors/hospital yet. My mom figured it was best for her to rest as this all ended at around 1:00 AM.

The longer the delay, the weaker the evidence might be.

Also, how is it not excessive use of force to kick a 15 year old girl over and over?

That depends on why. If she was trying to kick out the windows or door to the car, sometimes it takes feet to push the legs back inside.

The law permits reasonable force to overcome resistance. Sometimes kicking is reasonable. if she was injured by the officer's actions, then it might be actionable if a court agrees. It might be nothing more than a personnel issue. Kicking, by itself, would not be "excessive force."

Again, you are assuming that your sister was the poor little waif who was brutally assaulted by these strangers and then abused by the cops for no reason. While it is possible that the other parties over-reacted in some way and that the police over-reacted as well, I doubt your sister is little miss innocent in this.

Also the whole accusation against my sister made by the other party was that she had a knife and intended to use it. The knife belonged to the men that assaulted her, she took it out of fear of being further injured, why is that so bad?

Again, you are assuming that she is telling the gospel truth. Clearly the police did not say so, and the story related by the other parties, and whatever the officers saw and heard at the scene tended to support the claims of the other people.

Perhaps you might consider supposing for just a moment that your sister just might be embellishing the truth to gain some sympathy ... I know she's an angel and would never do such a thing, but consider it for a moment and ask yourself whether she COULD be exaggerating ... or lying.

Is it legal for them to detain her and question her without allowing her mother to be present?

Did they question her? They may have simply asked routine booking questions. Or, maybe they interrogated her.

I don't know the status of the law in this area in New York, but in my state the police could hold and interrogate a juvenile (after Miranda). All our law would require is that the parents be notified.

Also there were, I believe 3 witnesses. All of which were about her age.

Assuming they support your sister's account of events, the prosecutor might not pursue the matter. But, keep in mind their account to the police may very well have supported the other parties' version ... or, been so inconsistent or unbelievable as to have been discounted by the officers at the scene.

Your sister's attorney will have an opportunity to review any reports and interview potential witnesses.

At this point it is difficult to say what happened. Personally, I find your sister's account to be ... well, quite frankly, it is unbelievable. I suspect the truth of the matter is somewhere in between. It may well be that the other parties were more cooperative at the scene and your sister went off when the officers got there. Such a thing tends to cause the officers to focus on the more feisty and combative party as the aggressor, and discount her account of events. Perhaps when an attorney gets a chance to review things some clarity can appear.

Now, until court, your sister should talk ONLY to her attorney. Sibling and parental privilege does not exist. You and mom can be subpoenaed to testify against her if the DA were to consider such a thing. So, before she continues to weave this tale and, perhaps, embellish upon it, she might want to consult legal counsel.

 

[Proserpina]

I completely agree with CDW's excellent posts, OP - and you should heed his words very carefully.

I've read your posts several times and I too believe there is something "iffy" about your sister's tale.

Time will tell, and for now she needs to be speaking only to her attorney.

 

[Ohiogal]

How is my sister the aggressor if she was the one that was initially attacked, acted in self defense and then was attacked by two grown men? Isn't that child abuse and assault?

She hasn't been taken to the doctors/hospital yet. My mom figured it was best for her to rest as this all ended at around 1:00 AM.

Also, how is it not excessive use of force to kick a 15 year old girl over and over?

So when you saw all this, why didn't you do anything? Oh yeah. You weren't there. This is what YOUR SISTER is telling you. Your sister who is unbiased and would ONLY tell you the truth.

How high was she that she fought all those people? Was she drunk? Why was your 15 year old sister out that late at night? What is the curfew where you are?

 

[mistoffolees]

I completely agree with CDW's excellent posts, OP - and you should heed his words very carefully.

I've read your posts several times and I too believe there is something "iffy" about your sister's tale.

Time will tell, and for now she needs to be speaking only to her attorney.

I want to emphasize that. The girl should not be speaking to ANYONE except her attorney about the incident. There's nothing to gain by doing so and it could make things a lot worse.

 

[davew128]

If it was MY 15 year old sister and I saw someone blindside her with a baseball bat, trust me someone's going down HARD. The again OP, I don't think you were there.