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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 20785
Experience:  30 years experience representing clients.
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A ISD policeman arrested and charged my grandaughter with conterfieting

Customer Question

A ISD policeman arrested and charged my grandaughter with conterfieting a 20 dollar bill.
That's not the problem. He questioned and physically touched and manhandled a quote '16' year old 'female' student without a parent or a principal being present. what are our options. He will not drop the charges, he has told conflicting stories '''his side of the story''
One question I do have is do we have any legal action we can take against him.
Submitted: 10 months ago.
Category: Legal
Expert:  Loren replied 10 months ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

The US Supreme Court has held that juveniles may be questioned by police without their parents being present. That does not, however, give license to the police to assault your granddaughter or make false testimony.

Your first priority, at this time, must be to aggressively defend her against the criminal charges. After those charges are resolved in her favor her parents can bring a civil rights claim against the police and the school, if she was assaulted by the police on school property.

You can also bring a complaint to the internal investigation dept of the ISD.

It is my privilege to assist you.  Let me know if you need further information.  I hope I have helped you feel informed and empowered in the service I have provided to you.  I am here for you.

Since this forum is no substitute for your own legal counsel, you may want to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.

Loren 
Customer: replied 10 months ago.


You have mentioned the word ''assult'' acouple times, let me ask this, the officer held her by her arms, after being handcuffed and forceably positioned her where he wanted her. I have to say it was not assult. it was just physically touching her without another adult present. What kind of charges can we press against him. another thing, here was another girl involved who was black, and her parents told the officer, who is black, it was their 20 dollar bill which which went to some type of game or something, I don't know, the point is the other girl was told to go back to class and nothing more would be said. I feel as though, we have the right to call in the news media and file charges against him. What do ya think.

Expert:  Loren replied 10 months ago.
Thank you, XXXXX XXXXX following up with me.

You are free to call the media, if you want. The act of handcuffing her and pushing her may still be a battery. Additionally, if the officer violated department protocol that could also be a basis for charges or a civil lawsuit. At the very least it would certainly warrant investigation internally by the department if you complain.

You may find you get more traction if you retain local counsel to pursue this. The department is more likely to move quickly on fear of a lawsuit than the request if a concerned grandfather. Also, cases like this often hinge on getting evidence gathered as quickly as possible and local counsel will know where to look. You do not need to learn as you go.

I hope this is helpful to you.

Thank you.

Loren
Customer: replied 10 months ago.


That's one of our problems, we are just normal type people, we don't have the money and can not afford a private lawyer, that's why I contacted you people, Your information has been very helpful.


 


Thank you


 


Rodger

Expert:  Loren replied 10 months ago.
You are very welcome. Most attorneys who handle civil rights claims do so on a contingency fee basis. So, if you find one willing to take the case it should not cost anything upfront.
Loren, Attorney
Category: Legal
Satisfied Customers: 20785
Experience: 30 years experience representing clients.
Loren and 2 other Legal Specialists are ready to help you
Expert:  Loren replied 10 months ago.
Thank you for your positive rating of my service to you and your generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-Loren/
          

Best wishes and good luck to you.

If it is not too much trouble, Rodger, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.  
Customer: replied 10 months ago.

WILL DO


 

Expert:  Loren replied 10 months ago.
Thank you.

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