Legal Question in Criminal Law in Florida

battery on leo

I was arrested for dv and the officers used excessive force at my home and I suffered injuries. I did not see a nurse when I was taken to the county jail, yet the jail staff insisted that I had. When I was released the next day, the nurse did not find any paper work on me. I told them that I had not seen a nurse and that is why he could not find paper work. The officer stated while I was on the floor that I had tried to choke him. He stated this after I was in handcuffs and in no way did I ever touch the officer. Do I need an attorney at the arrainment? I have not been able to find one here were I live for what I can afford. My name is on the deed with my husband, so we don't qualify for legal aide. Can I ask the judge for an attorney and explain my case? I have no prior records or offenses. HELP!!


Asked on 8/26/07, 10:28 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: battery on leo

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can always request for the judge to appoint an attorney to represent you. Unfortunately, an attorney will only be appointed by the court for you if the prosecutor is seeking jail time. Since you say that this is your first offense, it is unlikely that will happen. If you are lucky, the court will offer you a pre trial diversionary program. If you were represented by counsel, the chance of being offered the program might increase so it would be in your best interest to retain counsel if you can.

Scott R. Jay, Esq.

Read more
Answered on 8/26/07, 11:20 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida