Legal Question in Civil Rights Law in Illinois

i was arrested and sent to jail for resisting arrest by a police officer who was being verbally abusive.

i was currently homeless and was staying in various hotels.. the judge wouldnt allow me to leave jail, he said 'i am going to keep him in jail because he is homeless' and i told him that i would face financial problems if he didnt let me out of custody. (my supplemental security checks would stop if i was in jail for too long)

i spent 57 days in jail waiting to be found innocent or guilty.

i asked for audio or video of the incident to prove that i was dealing with a hostile police officer.. both forms of evidence were denied by my public defender just before i fired him.

the cop never asked for my identification.. he walked up to the car and demanded that i step outside in the cold, and i told him no.

the cop continued to ask that i step outside very blunt without asking for my ID, until he eventually tried to unlock my door and physically force me out of my car.

i decided to wait for another officer to arrive since the first one was not acknowledging that i have an ability to communicate nicely.

what angers me is that i was found guilty without any evidence other than hearsay from the police officer.

i was put on probation and given a court cost and probation fee to pay.

i am also angered that i was seen before more than one judge and none of them let me out despite my plea of financial burden.

now i am still suffering because i have to pay back $800 of 'overpayment' from supplemental security income.. and they still want me to pay for court cost and probation fees which i cannot afford.

the judge told me to pay $10 per month despite my telling him that it would bring my monthly allowance to zero (i have a hard time paying for cleaning products to keep my apartment sanitary)

i need new glasses and cannot afford those, i have also been sleeping on the floor for the past 13 months because i cannot afford a bed.

i didnt appeal the decision because the idiocy had already taken place.. now i want revenge because i have been put on probation (and completed probation) and given court costs and probation fees despite evidence that i did any wrong doing.. the police officer completely lied on the stand and said that he did ask for my ID immediately upon walking up to my window.

that is not what happened.. and there is no audio or video from the squad car to provide such truth.

i have also had to re-pay back money which has made me suffer financially for about 12 months.. and on top of it i cannot pay back this bill which could lead to more jail time my mother says because the court cost and probation fees havent been paid.

i didnt resist arrest.. i resisted getting out of the car.

once the other officer arrived i asked if i was officially detained, and once they said 'yes' i immediately opened my door willingly.

then i was grabbed from my vehicle and slammed on the car.. then slammed on the car again in the other direction as they put handcuffs on me.. i never struggled with putting my hands behind my back.. and i didnt try to turn around at all either.

then the judge degrades me and belittles me when i said that i want to represent myself.. i had to say numerous times that i know what happened and i dont need anybody to tell the story besides myself.

i dont believe i was spoken to from a script or memorized paragraph, and the langauge went on for like 3-5 minutes, which implicated that what i was doing was a bad idea or wrong.

i have been completely financially poor and strung out with anxiety about this bill that i cannot pay for about 12 months.. i go back in december for a checkup on how much i have paid, and i fear that i will go back to jail and lose my aparment and all my belongings.

i have no desire to give them money for a lack of evidence on the county's behalf.

i would be willing to do community service because i enjoy the area.

and i feel as though that i should not have to trade in any of my toys to pay off this bill that was given to me because of a judge that kept me in jail and caused financial burden, plus a decision/judgement/verdict that was made based on hearsay directly between me and the first officer on the scene.


Asked on 9/25/10, 7:46 pm

1 Answer from Attorneys
Alexandra Buzanis

You got a bum rap with this officer. He did not have a right to man handle and slam you. However, he had a right to ask you to get out of the car, even without the request for an id first or at all. Once you resisted his reasonable request - it could be construed as resisting arrest or something. I wish you had retained a lawyer for a motion before any trial.

I wish you had also retained a lawyer for trial. It seems that oftentimes courts find it easier to deal with disputed facts, and/or legal arguments when attorneys are handling the case. Also, with an attorney you have the benefit of their experience and specialized research ability. It sounds like you may just want to move on and not have to really revisit this traumatic event. As for your financial concerns, you may want to try to seek to end probation early and/or amend or petition the court for an amended sentence. A probation officer can also present such a motion through the PD. I do suggest calling a good lawyer and/or asking your probation officer and/or a PD Public Defender or a local legal assistance foundation lawyer or a local law school clinic (if you cannot afford a lawyer) to seek to alter or amend and/or reconsider the terms of your sentence. When you go to court you can ask the probation officer to perhaps ask the State or the court to amend the terms of your sentence given your permanent financial situation. Best of luck.

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Answered on 10/01/10, 11:43 am


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