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Juliana
Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience:  Former prosecutor with 4 years of experience, criminal justice degree
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I am a 19 year old female, and I was arrested for an MCA at

Customer Question

I am a 19 year old female, and I was arrested for an MCA at 4:13 am on 6/21/12.
I was blacked out and I don't remember this happening. I live in a small town, and the neighbors across the street told one of my friends that the police officer who arrested me was hugging me and fondling my breasts, outside, in the open. I don't even want to think about what could have happened in the vehicle. I am kind of scared to call the police department and tell them what happened. Maybe it's an irrational fear, but after hearing that, I'm scared to trust them. I don't even know if the neighbors are willing to help me because it's such a small town that they might be friends with the officer. I just don't know what to do...so what should I do?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Juliana replied 4 years ago.

Hello,

 

Thanks for your question. I'm very sorry to hear about your situation.

 

Since you were arrested and charged with a crime, it's important that you consult with an attorney who is experience in handling police misconduct cases. It may be difficult to find an attorney like this in your town, but, you may be able to find one in a nearby city. If you don't hire an attorney to assist you with this matter, it will be very easy for the police to say that by accusing this officer of misconduct - particularly sexual misconduct - you are simply retaliating against the officer or the police department in general because you were arrested.

 

An attorney can interview your neighbors who observed the officer's misconduct and evaluate from a professional standpoint how strong they would be as witnesses if you were to file a lawsuit against this officer. It would be difficult for you to do this yourself, since you are the victim in the case, and again, since you were arrested, I wouldn't recommend that you do this without the assistance of an attorney.

 

If the attorney speaks with the witnesses and decides there is ample evidence against this officer, he/she can file a complaint with the police department where the officer is employed, so that an internal investigation can begin. If the officer is investigated by his department and it is determined that he engaged in misconduct, he can be terminated or suspended.

 

An attorney may also decide that a lawsuit against this officer and possibly the police department would be appropriate. If you were to prevail in a lawsuit (either through settlement or trial) you could be awarded damages for the officer's misconduct.

 

I hope this helps. If you need any additional information, please ask before you rate my answer. Thanks.

 

Juliana

Expert:  Juliana replied 4 years ago.

I see that you have given me a rating of "poor service."

 

My goal is to make sure you are satisfied. In my answer, I stated that if you needed additional information, to please engage me in further conversation rather than rating my answer.

 

Could you please tell me what additional information you need? Thanks.