Legal Question in Criminal Law in California

Hi

I need some information and help. My son was just arrested and charge for offensive words. He was at our pool swimming with his little sister and friends when the security guard who is an off duty cop who has been harrassing him for some time told them to come out the pool. He was the first one out of the pool when the cop approached him and getting in his face telling him to leave. My son responded by saying he is waiting on his little sister, and the cop said I don�t care, just leave and got up closer to my son face. My son then said �Get out of my face� and the cop kept getting closer to his face taunting him calling him dog, and then said he will call the cop, which he did, and my son replied call them and he sat down in the area when the cops came and arrested him. Now my concern is that he is out on probation and he has been complying and doing good, now this happened. How is this going to affect him and what should I do. I know that the arrest is a false arrest, because there was no grounds for it, and I think the cop took it personal, and as far as I know it is against the law for a cop to cause a confrontation. Please advise me on this, I am worried. Thank You.


Asked on 7/22/10, 3:02 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Does he have a defense attorney? Regardless of whether he is a minor or not, he can ask the court to appoint an attorney. I hope the attorney knows all of this.

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Answered on 7/22/10, 10:56 am
Terry A. Nelson Nelson & Lawless

Your opinion and what you have been told, and what you 'know' are yours to hold on to. But, an arrest is an arrest, and a conviction is a lifetime record. With priors he faces enhanced penalties, and faces a probation violation with possible return to jail on that. He needs to fight and defend the criminal charges. He should hire an attorney who can do so effectively, using whatever facts, evidence, witnesses, law, etc., that are available for motions, negotiations or trial. If serious about hiring counsel, feel free to contact me.

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Answered on 7/22/10, 3:47 pm


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