Legal Question in Criminal Law in California

False testimony and destroy evidents for the defense by the sheriff dept.

Do i--name removed--J.--name removed-- a hispanic have legal recourse, by the means of lawsuit, 2 white adults joy riders, deni me my right of way on a green light, a father and son, the second one , hitting my car on the divers side. We both pull over to exchange info. I take his but he refuses to take any. As me and my passenger are ready to leave, the dad appears in a threadening manner, and accuses us of drinking. I told him that i was going home to call police, to follow us home. I called police to come and take care of situation. police arrive, but talk to them first, when come to our side of street, they accuseing us of drinking. I take sobrity test and past. they do not investigate damage to vehicals. they issue me a hit and run ticket in the mail, kid gets nothing. I file verbal complain station. they erase my call,keep theirs. Kid tesified that we were in the driveway,waiting our turn. Police tesified, he dragged us of house. And were not corporative. Police report was against us.White officers. They lied as much as it took to make ticket stick in court. I won hung jury and dismissal of case. Do i have a lawsuit against the police. I aquired their testimony.


Asked on 12/04/01, 4:55 pm

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: False testimony and destroy evidents for the defense by the sheriff dept.

This is a tough one. You have three remedies. One is administrative (complain about police misconduct to the police department), one is criminal (file criminal complaint with police, or if they will not take it, then with D. A.), and civilly by filing civil lawsuit for damages. Work all three as much as possible. Locate any potential witnesses that may have seen any part of the incident(s). Question the witnesses (non threatening), have them write out, and sign statement of what they may have seen.

Report the incident to any public service group that I may have forgotten such as the ACLU, any hispanic community services, political groups, agencies, and/or hispanic politicians that may be looking for the hispanic vote. With everyone that you talk to be very consistent. Your story must not vary. Say a few prayers that God will be on your side, and go after the bad guys.

Lots of luck

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Answered on 12/04/01, 5:14 pm
David Diamond Diamond & Associates

Re: False testimony and destroy evidents for the defense by the sheriff dept.

It appears that you have several recourses. You can either take civil action or press criminal charges. We are a criminal defense firm and would not be able to help you otherwise. I hope that that things work out for you.

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Answered on 12/04/01, 6:59 pm


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