Legal Question in Criminal Law in Florida

Criminal Mischief arrest--rights violated?

10 days ago, I was arrested for Criminal Mischief and Resisting w/o violence. The story: I was arrested while doing some vandalism after one of my friends said that a man with a flashlight was approaching-so I hid in the bushes. About 3 minutes later, he appeared and said, ''Hey dumbass!'' At this point-not knowing who it was-I decided to run. After about 30 yards, he shouted, ''Stop or you'll get tased!'' So I stopped and put my hands in the air. He then told me to get on the ground, at which point I dropped to my knees. As soon as I hit the ground I felt myself get shot in the back with a taser. Only one lead made contact, and I wasn't shocked. I was then arrested. So: I did everything the officer told me to do-EVEN THOUGH he never identified himself as a police officer-and he STILL shot me. Worse-I got a copy of my police report today, and the officer stated in the report that a) he witnessed us painting (impossible from where he came), and b) that he tased me after I did not get to the ground after several commands-this is just purely fantasy-2 of my friends were about 20 feet away and can verify this. So-what should I do at this point?


Asked on 11/06/02, 12:02 am

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: Criminal Mischief arrest--rights violated?

Get the names and addresses of your friends that were there and can testify as to what "actually" happened. Give that list to your attorney and make sure your attorney gets a chance to hear each of their views on what happened. That is the best thing that you can do. Don't worry about what was written - it is done and the officer will testify exactly as it is written.

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Answered on 11/06/02, 12:54 am


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