Legal Question in Criminal Law in California

Arrested for violating California Vehicle Code section 23152(a)(b). Upon release I refused to sign a promise to appear and requested to be brought before a magistrate. I was beaten and placed in a single cell and was periodically asked if I was ready to sign. After a prolonged stay an Officer signed in my stead "refused to sign". Two Officers twisted my arms and forcibly released me on my own recognizance. Pursuant to California Vehicle Code section 40302 An Officer is mandated to arrest especially if I refuse to sign a promise to appear,request to be brought before a magistrate, and charged with a Vehicle Code Section 23152(a)(b) violations. Have my civil and constitutional rights been violated? Have I been denied the right to the due process of law? Can you be forced to accept and O.R. release?


Asked on 10/14/10, 5:13 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You actually wanted to stay in jail?

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Answered on 10/27/10, 8:40 am


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