Legal Question in Civil Rights Law in California

My wife was arrested for a 273.5(a) during a dispute between her and my father where I sustained 2 scratch marks on my right shoulder from intervening. The police never once asked where the scratch marks came from. My father stated to the officers that the scratch marks may have indeed been caused by him during the argument. There were pictures taken of the scratch marks and myself but no photo documentation was ever taken of my wife or her hands. My wife was taken To the hospital by way of ambulance that night because she had fallen and hit her head( never being told she was under arrest even thought the cause for arrest paper stated she was under arrest at that time) there were no officers with her at the hospital and she was not placed in handcuffs until the next morning. She received her discharge papers and was told she could go by the nurse. While using the telephone a doctor informed her that the police had returned to check on her and the dr was told to tell her that she was not under arrest but that they just needed to check on her. She went down to meet the officers at which time she was placed under arrest for a felony 273.5(a) is there a strong enough case to peruse a civil lawsuit against the police department?


Asked on 6/15/12, 2:32 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

is there a strong enough case ??

No. You haven't described ANY grounds for suit, let alone 'strong' ones. She has a criminal case against her, and may have defenses though.

The general rules:

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 6/15/12, 3:52 pm


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