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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16262
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my girlfriend got arrested for assault against a police officer

Resolved Question:

my girlfriend got arrested for assault against a police officer and disorderly conduct up in boston? how should she proceed? She has no money to afford a lawyer. She's not a citizen but shes not here illegaly. Will she be appointed a public defender?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello Jacustomer,

The assault against an officer is a potentially deportable offense if she is convicted of that charge, so she really must have a lawyer. If she goes to her arraignment and pleads not guilty when the charges are read to her, she can ask for a public defender and if she is unable to afford an attorney one will be assigned to her.

Generally, if the officer sustained no serious injuries, the charge of assault against an officer will be reduced. But she has to be mindful of her immigration consequences, so she must not resolve this matter, no matter how favorable any offer is, without running it by a lawyer.
Customer: replied 1 year ago.

she says she was just staggering and a little drunk, and the police officer arrested her for in his words being a bitch. Does the police officer have a tape recorder on him that would of caught the conversation.


 


if the officer is not present at the court date, what will happen?

Expert:  Zoey_ JD replied 1 year ago.
Hi,

That's why I said that the case was likely to be reduced. If she was simply drunk and disorderly but gave them a hard time when they tried to take her in and flailed her arms and the like, there are cops who will write that up as an assault, if only because he'll get time off for a line of duty injury.

In my experience even if police officers have tape recorders assigned to them, they don't like using them. It cramps their style. They would have to watch what they say too.

The assault charge should be reduced. But this is not a traffic offense where if the cop doesn't show up the case gets dismissed. So long as the police officer is in contact with the prosecutor, he's not required to be in court unless needed to testify.

So what happens if the cop isn't there? Nothing. The cop shouldn't be there in the first place. So she'll be arraigned on the charges and get a new date to come back and meet her lawyer.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16262
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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