Legal Question in Criminal Law in Massachusetts

Rights of incapacitated
I was taken into Protective Custody one unfortunate night. I can't remember the police picking me up. I asked for a lawyer and a phone call both were denied. While I was in hysterics, a foam ceiling tile fell and broke. The police exclaimed ''charges!'' I spat on the ground. The police insisted I was not under arrest.
Then they transferred me to a holding cell. I crying the whole time, couldn't remember how I got there, in pain, very cold. After about 5 hours in custody, I tried to kill myself and taken to the hospital. My purse was left behind. At the hospital I couldn't call anyone because couldn't remember any numbers. I couldn't get home either without money. A doctor paid for my taxi back to the station to pick up my stuff.
Weeks later, a court summons was sent to an address I don't live, but my mom lives.
I was charged with Assault and Battery on a Police Officer, Malicious Destruction of Property -250 and Disturbing the Peace.
If I assaulted an officer, why wasn't I placed under arrest?
Are there any consequences to denying my phone call? or taking my property?
Where my civil rights violated? My school has medical amnesty and I thought PC was for the ill. Please Explain.

Asked on 3/30/09, 9:02 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: Rights of incapacitated

There are simply too many issues.

As a primary matter, I hope that you have a competent criminal defense attorney.

It is unclear how PC turned into charges, but the information should be in your police report.

Answered on 3/30/09, 9:14 pm

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