Legal Question in Criminal Law in Georgia

I had just got in the car with my fiance and the law was set up waiting to stop him he had violated his parole not reporting i had been in the car maybe 30 secs and we were swarmed by five sheriffs pulled their guns 4 of them grabbed him and took him off to the side and started beating the crap out of him one said he saw him put something in his mouth one grabbed me left bruises up and down my arms threw me to the ground scraped up my knees cuffed me jerked me up and put my in the cop car neither of us were resisting and he wasnt trying to run either they continued to beat on him for about five mins trying to get him to open his mouth tazed him then two of them stopped went over to the car (legally tagged and insured in my name he was driving i was in passenger seat) they hauled him off in a cop car to E.R. to pump his stomach pulled a set of scales out of my car and a pipe that tested possitive for meth I was unaware of any of it I had just got in the car with him and they knew that we both got a poss of meth charge and they seized my car I have never even had a speeding ticket so i guess my question is one did they have right and reason to pull me out of the car and be so rough with either of us sice we werent resisting and all five of them stated in my incident report that neither of us was tring to resist, and if he is willing to take full responiblity for anything that was found in my car has already told them I knew nothing about any of it and is it legal for them to do that to me when they were just serving him with an arrest warrent and then cuff me and put my in the back of their car for over 30 mins before they told me I was arrested and why I was arrested and told me they were seizing my car neither the scales or pipe were in plain view the scales in the console and the pipe in a case for glasses behind the cup holders and they are holding my car as evidence and says i will not get it back please i really need some advise here and i cant afford to go talk to an attorny


Asked on 9/17/10, 2:36 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

(1) If you feel that the police were unnecessarily rough, you may file a report with the police department that will be investigated/reviewed. Your only other resort is to file a civil lawsuit against the police department.

(2) Police may seize personal property, especially vehicles, that are being used for drug activity. You are free to go to court and try to get your car back.

(3) If you were arrested as part of this incident, you have a legal RIGHT to a FREE criminal defense attorney. If you cannot afford an attorney, I STRONGLY recommend that you request the Court appoint you a criminal defense attorney to help you.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/22/10, 4:45 am


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