Legal Question in Criminal Law in Florida
obstruction
My wifes daughter who has lived w/ us for the last 3 and a half yrs, wanted to move in w/ her older sister so we said ok no problem she is 15. older daughter is 26. My wife told her to come over and get her stuff 2 older daughters and the 15 yr old came w/ 3 cops 4 no reason (lust to make shure there was no problems) she said wich there wasnt going to be
cops came up to the door and blocked our front door and i tried to get out of my front door to put a cigcigarette out that was burning in the ashtray on my front porch and i said excuse me to the cop and tried to make myself as small as possible to get through and the cop leaned into me in doing so touched my shoulder then screamed and i quote ''u just punched a cop thats a felony and ur going to jail'' then 4 cops slammed me up against the wall cutting my face hurting both my arms elbows and shoulders then threw me in the cop car and took me to jail ! i am 48 yrs old and never been aressted before and i was charged w/ obstruction and spent the night in jail what a horrible experience was what they did accectable????? the cop did leann inti me! i never bumped him or intentionally touched him
what should i do? I am cut hurt and very sore bruises sore joints and muscles w/can i do
2 Answers from Attorneys
Re: obstruction
You need to retain counsel. In what county did this happen?
Re: obstruction
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.
Unfortunately, it will be up to you to defend yourself in a court of law. The State will have to prove its case and will probably have the police officers testify. Police do not always tell the truth.
You can retain an attorney to represent you in this action. The attorney can take the depositions of the officers outside the presence of the other officers and possibly find inconsistencies in their testimony. A good attorney can usually elicit the truth from a policeman if given the opportunity to question them. The attorney will also look for damaging inconsistencies in the State's case in order to provide the best defense possible.
Scott R. Jay, Esq.
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