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RubenFigueroa

Assault Against an Officer While Under the Influence

7 posts in this topic

Let me preface this by saying; I am under the legal age of drinking and throughout this whole scenario me and my mother are both under the influence and we've both experienced many domestic violence situations which has caused us to have Pulse Traumatic Stress Disorder  and my mother suffers from PTSD with officers as well.

This whole situation started when my Father, Mother and I were coming back home from a party. In which we stumbled upon a woman who seemed to be in distress of some sort of domestic violence situation. We decided to pick her up and take her to our home. While doing this, a vehicle followed us from the scene of the situation, all the way to our home. As we pull up to our home the man in the vehicle  blockades us from behind our driveway. At this point me and my mother exit our car to confront the man, but I begin to black out of pulse traumatic stress  and my intoxication and begin to punch the man's windshield inflicting major damage. He then almost hits us with his vehicle  and leaves the scene. Me, my mother, father, and the woman proceed to go into our home to figure out a way to get the woman into safety and to figure out what happened at the moment. The woman gives very little information about what happened, who was following her, where she came from, or where she lived. She then walked out the house and nothing else happened. After a couple of minutes my Mom, Dad, and I go out to get something to eat (by this time its already 1 a.m.) As we exit our parking structure police stop us do to the man filing a complaint. They handcuff my parents who had not committed any crime, and put me to the ground, and handcuffed me as well. They interrogate us and separate us  at the station. I countlessly inform the officers that my mother suffers from PTSD and to take it easy on her and that I was the one who broke the man's windshield, and that my parents literally had nothing to do with this. They didn't listen and then within  a matter of time a group of officers begin to run to my mothers holding cell and ends up spitting on one of the officers. Soon after she does that, they begin to read us our Miranda rights. (Mind you that they've been asking us questions the whole time, while we're handcuffed, and under their "care" for more than an hour already) 

At the end of this whole situation I was put into a youth program, my Father was charged with assault and my Mother was charged with assault on an officer. My question here is: is there anyway we can drop the charges on my Father, because we have evidence that he did not have anything to do with the crime. And we either A) Drop my Mothers charges as well or B ) Have them changed or lowered. And what can we do about the man in the Vehicle? From the information we got  and recorded from the woman, we know that "He's a friend that pays for her and her friends entrance into night clubs, and that he gives he drugs for free"  I mean he's clearly guilty of something. Why would a woman be crying trying to escape from this person and why would he follow us all the way to our home.

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Regarding your real questions:  no you cannot get any charges dropped against anyone.  Only the prosecution can drop charges.

 

Regarding your other questions about the behavior of the other people, we have no way of knowing but their behavior has nothing to do with the charges against you.

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"We" can't do anything.  Presumably your father has an attorney.  That is who he should be directing his questions to.  Your mother assaulted a cop.  The reasons you give don't exonerate her.  You didn't specify exactly what she's charged with and there are numerous code sections the DA can pick from so it is possible for the charges to be reduced.  It depends upon the DA and how ticked off the cops are.  Cops don't have to believe your version.  As to your statements, those taken before you were Mirandized aren't admissible in court unless you testify.  Instead of trying to explain, which is never a successful tact when police are asking questions, you all should have just asked for a lawyer and then shut up....Lastly, there's nothing you can do about the other guy.  You didn't know anything about him when you damaged his car.  He's the victim...

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"Pulse traumatic stress disorder"?  If you're talking about post-traumatic stress disorder, that does not manifest itself until after the incident that causes the stress (hence, "post").

 

 

12 minutes ago, RubenFigueroa said:

I begin to black out of pulse traumatic stress

 

Post-traumatic stress caused by what?  If you were under stress because of the incident that was occurring at the time, that's not PTSD.  If you blacked out, it was probably the alcohol more than anything else.

 

 

13 minutes ago, RubenFigueroa said:

and begin to punch the man's windshield

 

So...you instigated a physical altercation.

 

 

14 minutes ago, RubenFigueroa said:

I countlessly inform the officers that my mother suffers from PTSD and to take it easy on her and that I was the one who broke the man's windshield, and that my parents literally had nothing to do with this.

 

Cops don't generally take folks at their word in situations such as this.

 

 

16 minutes ago, RubenFigueroa said:

is there anyway we can drop the charges on my Father, because we have evidence that he did not have anything to do with the crime.

 

The only person who can drop charges that have been filed is the DA.  Whatever evidence you have can be introduced at the trial.  That's why we have trials.  Your father's attorney can, of course, try and persuade the DA to drop the charges and perhaps he'll do so in exchange for your guilty plea.

 

 

17 minutes ago, RubenFigueroa said:

Drop my Mothers charges as well or B ) Have them changed or lowered. 

 

Your post suggests your mother is guilty of the charge of assaulting the officer, so I can't imagine why the DA would drop that charge.  Your mother's lawyer can try to negotiate with the DA for a reduction in charges.

 

 

19 minutes ago, RubenFigueroa said:

what can we do about the man in the Vehicle?

 

What would you like to do about him, and why is he any of your concern (aside from the fact that he is the complaining witness in the criminal case against you)?

 

 

19 minutes ago, RubenFigueroa said:

From the information we got  and recorded from the woman, we know that "He's a friend that pays for her and her friends entrance into night clubs, and that he gives he drugs for free"  I mean he's clearly guilty of something.

 

Yeah...clearly...based on stuff a person you apparently didn't even know before this happened told you.  Sure....

 

 

20 minutes ago, RubenFigueroa said:

Why would a woman be crying trying to escape from this person and why would he follow us all the way to our home.

 

What is the point of asking complete strangers to speculate blindly about the motivations of persons we don't know?  If I spent any time on it, I could probably come up with a good dozen stories that might reflect favorably or unfavorably on the various persons involved.

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My parents got bailed out and we reached out to the detective an a couple of officers... We got our **** straight and all charges got dropped.... we didn't even speak the the judge. Hahaha 

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17 hours ago, RubenFigueroa said:

My parents got bailed out and we reached out to the detective an a couple of officers... We got our **** straight and all charges got dropped.... we didn't even speak the the judge. Hahaha 

 

Then consider yourselves fortunate that they were willing to cut you a break after you all got your act together. It could have turned out much differently. Hopefully there won't be a next time where you have an encounter with cops, but if you do, treat the cops with respect no matter how much you may disagree with their actions. Your mother risked prison by spitting on the cop. That was not a smart thing to do.

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