background- i had an injured horse, vet recommended i rent him an indoor stall for his recovery, could not find one that day, went to boyfriends house planning to take him out of the trailer every 2 hours to stretch and wait until the fairgrounds opened in the morning. b/f was drunk, we started to argue and i decided to leave. b/f called police (dont know why) and told them 'there is some lady here with a horse'. the police arrived before i could leave, questioned b/f, who told 3 different stories as to how i arrived (none true) then finally told them he let me in himself and that i hadnt broken any laws, he just wanted them to make me leave (which i was doing before he even called).
police approached me as i was trying to load my horse in the trailer, i told them to get back, that i could take care of my own horse and to leave me alone. (i was under the impression that they wanted to take my horse away, because i didnt know what else i had done wrong except that i had a horse on non horse property) police became more aggressive and i resisted arrest, i told them i couldnt be arrested because i needed to take care of my horse & i hadnt done anything wrong. i became irate after 2 more police showed up and all 4 were aggressive towards me. i was cuffed and when they threatened to put leg restraints on i tried to avoid it by kicking my legs around. they antagonized me by calling me names and laughing at me because my appearance was sloppy ( i was covered in mud, my horses blood, messy hair from spending the day in rain, hail, etc)
i was arrested and taken to jail, my horse impounded, truck and trailer impounded etc. the charges were resisting arrest, assault on a police officer, disturbing the peace.
when i was taken before a judge next morning, i had laryngitis and i dont think they even heard what i tried to tell them. my formal charges were felony assault on a police officer, 2 counts, and 1 count of disorderly conduct. i will add here that they claim i kicked two of the officers, and also that i was barefoot (i had removed my muddy boots). i dont believe i caused a signifcant amount of pain as they claim, and i know it was not intentional to actually make contact.
sister bonded me out, i hired an attorney, went thru the court process and ended up pleading guilty to attempted assault, a felony.
i have no previous record other than traffic tickets (no dui) and even my attorney believed it was too harsh. in fact everyone who knows me is very surprised at the outcome. hopefully i have given you enough of a history to answer my questions.
my state is colorado.
question #1 - can i take the person who called the police on me to civil court for calling the police for no reason? it is stated in the police report that he told them, (after 3 different stories that didnt add up) that he had no real reason to call. i do understand that once i resisted arrest the case became between the police and i, and there were no charges between he and i. i am disabled, have ptsd and several other mental and physical disabilities, and this has caused me a significant amount of distress, more in vet bills due to not being able to follow my vets orders, and endless amounts of money for all the legal fees and court fines. i now have a felony on an otherwise clean record.
question #2 - in the police report there were inconsistencies and outright lies. one in particular was that they claimed i was seated on the curb with my cuffs behind my back, that i jumped up, whirled around and kicked an officer. i am not even capable of such a maneuver (rheumatoid arthritis, 46 yrs old, no martial arts training, i could not have done that). i dont know why this wasnt addressed, the extenuating circumstances considered, and just thrown out of court or at least reduced to a misdemeanor. do i have ANY recourse at all?
question #3 - while in jail, i repeatedly tried to tell them i had 3 different prescription medications that would cause withdrawal, in addition to not having my high blood pressure medicine. therefore i was in jail, going thru withdrawals, with no blood pressure control. they took my bp, which was high and told me to drink more water. from what i understand the police made a mistake by not booking in my prescriptions with me. they went through my belongings in my truck and in my purse, took my wallet and booked that with me and my meds were right there in the purse, i know they saw them because they obviously checked all the compartments of my purse and could not have overlooked the meds since they were right there with my wallet. when i was released, a police sergeant made a special exception to allow me into the impound lot after hours to obtain my purse, since his officers made a mistake in protocol. can i sue the county? or do anything about this at all?
lastly, i am not certain if i was properly represented and all my circumstances addressed because my attorney did not allow me into the negotiations due to my disabilities. he thought it would cause me too much stress or that i may say something that would not help my case. can i obtain a record of anything that was said? i thought i would get some papers or something, but my attorney said he didnt have any to give me that said anything i didnt already know. i was somewhat intimidated by him and felt he was aggravated with me for not understanding the legal system, or by questions i asked. i do have trouble with comprehension.
i realize this has become a long post, i do have many more questions, complaints and details, but if you could please address any thing you can think of i would greatly appreciate it. my attorney fees are used up, income very limited and if you think there is any way i could get this sentence reduced and my record cleaned up, or take any legal or civil actions on my behalf please let me know.
thank you in advance.