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DPerezLaw
DPerezLaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience:  8+ years Legal Experience - Former Prosecutor - Misdemeanors, Felonies and Juvenile
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My 17 year old son was playing music in the driveway and the

Customer Question

My 17 year old son was playing music in the driveway and the officer pulled in and told him he was writing him a citation for the loud music. He did not give him opportunity to turn the music down. My son did argue with the officer and then called me from his cell phone. My other son, who was also present, said that he was about 4 foot away from the officer at that time. When my son tried to hand the officer the phone, he was tasered. The officer than turned and pointed the taser at the other kids there and said "anybody else want some of this?" He proceeded to cuff my son and take him to jail, now charging him with disturbing the peace, noise violation, and resisting arrest. I had to call the Sheriff's office 7 times before the officer called me back. He told me that he didn't have to call because my son was an adult. In his version he said he put his hands on my son to cuff him and my son pulled away. However that is not what the other 3 people that were there said. What should I do?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  DPerezLaw replied 5 years ago.

Customer,

 

You need to hire an attorney ASAP. If things are as the other kids are stating, then you have a civil case to pursue along with needing to defend your son from the charges. There is much investigation that needs to be done and money will certainly be a concern. Maybe you will be able to hire the attorney with a contingency fee on the civil case and to take the legal fees from the suit money. Therefore, it may be worth is for you.

 

Sincerely,

D. Perez

 

 

Customer: replied 5 years ago.
The problem would probably by that in the town we live in this officer is the only officer and therefore the chief and only answers to the mayor, who is putting it mildly very racist. My son is half black. How should I persue this manner in view of this. This same officer already told me on the phone a few days ago that he will see to that my son goes to jail, since he is visiting a person in town who this officer also said he would make sure goes back to jail along with everybody who visits that person.
Expert:  DPerezLaw replied 5 years ago.

Customer,

 

Yes, this is a very tough and sensitive issue. You are probably going to have to go to the next biggest town over, (Fairfield, Palestine, or attorneys who practice in Centerville or near there) and attempt to find a lawyer who is not connected to anyone in your town. Call around to different places and see if there is a lawyer that can help with this situation. Another possibility is calling the nearest NAACP office in your state and see if they can help or recommend someone to you. Follow the following link for a list of branches in Texas: http://www.texasnaacp.org/txnaacp/docs/branches.doc

 

The situation with a small town like this is that you need someone outside of the local system who will not be influenced by the politics of the town.

 

Good luck.

 

Sincerely,

D. Perez

 

 

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If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=14106692&FID=0 or beginning your question with "For DPerezLaw"

Customer: replied 5 years ago.
Thank you so much. My son went to see the JP this afternoon and they set bail at $2,000, so he is going to have to sit for a while. I do have prepaid Legal but for some reason they can't find anybody to take the case, so I will try the link you provided and hopefully I have more luck. I am also thinking about pursuing a civil suit since I found out this morning that the same cop follows my sons girlfriend every time she comes into town and then just sits in front of my driveway. Do you think we might have a shot at this?
Expert:  DPerezLaw replied 5 years ago.

scit2004,

 

Prepaid legal doesn't really do much, its almost like a referral service. So, definitely call around. As I stated in my first answer, yes, a civil suit is something worth exploring. I believe you definitely have a shot at this, but you need an attorney for sure.

 

Sincerely,

 

D. Perez

 

 

-----------------------------------------------------------------------------------------------------------------

 

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=14106692&FID=0 or beginning your question with "For DPerezLaw"

 

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