Legal Question in Criminal Law in Illinois

Oct 9th 2009 I was on my way home after having two drinks at a friends. No one injured but the end result I ran out of gas in the middle of my side of the road going south bound. While asking some young gentlemen three to be accurate, anyway I asked them if they had a gas can that I could use to get fuel for my car. They did the right thing by calling the police because they smelt alcohol on my breath. The cop showed up and questioned me on my evening. I was honest and cooperative. The cop did sobriety on me like protocol and because a friend that I had called showed up and I turned around to tell him thank you but I was ok I failed the sobriety only by suspicion for turning around. I was frisked and handcuffed. All was well. I get from the car to this little room and the arresting officer started his questioning like again protocol. When I requested to let my daughter know where I was because she was alone with my two youngest, the cop asked me how old she was. Barely shy of 13 the cop informed me she was too young to watch my children unattended even thought I explain that one night when I was 11 and our house was being stalked by neighbors, I was alone with my two sisters but I was protecting them and didn't want mom to get in trouble. They told me I was ok and not to worry about it. It was up to the parent if they felt the child was mature enough or not. Now at this time I did not know if my fiancee had come home yet or not and the cop never asked if anyone else resided with me. Instead he called his superior who in return was going to send the cops out to my daughter and sons'. I vocally told the cop after giving him the address since I already gave the phone number of where my children were to f off. Next thing I know I am being jerked out of the chair I was in and because of the violent excruciating pain that followed like any human I screamed and jerked away. The squeeze was so bad the officer in charge left a black hand print on my upper arm. Both cops grabbed me and hung me up in the air like a 5 pound sack of potatoes and proceeded to assault me. Resulting in severe bruising from my fingers to the middle of my arms, a cut from the hand cuffs where the cop in charge squeezed so hard it scarred me, my right foot was covered in abrasions and bruising, and severe knee pains where my knees pop out of place on me from the time in incarceration to this day. I am suffering from post traumatic disorder still, and my doctor proscribed me meds for it that I can't pay for. But I am being charged with resisting a peace officer. I bled all over the detox room and when I begged for medical treatment they said that I could only see the nurse on call. She is my aunts best friend and the look on her face was so sad. Anyway. I have five months left before getting my bachelors in Computer Forensics and I coming from a bad family life has struggled to keep good for my future. Not one paper from the time of the scene to the time of booking shows that I was not co operative but when my fiancee requested the video tape from that room for me to prove my case the room has no camera so it is my word against 400 pound of men who have a badge to the 115 pound girl who said to f off. What can I do to keep from this resisting a peace officer charge?


Asked on 12/30/09, 11:02 am

1 Answer from Attorneys

Sal Sheikh www.BetterCallSal.com

You need to consult with and hire an attorney.

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Answered on 1/04/10, 11:06 am


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