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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25954
Experience:  Active member of the NYS bar since 1989
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I called police because I was being assulted in my home. At

Customer Question

I called police because I was being assulted in my home. At one point in the confrontation I raised my hand against the person who had brought a bsseball bat and was threateningl me. before police arrived he hid it . Later I was arrested for battery and taken to jail. I don't understand why...
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: kansas
JA: Has anything been filed or reported?
Customer: just my arrest
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am very upset that I called for help but was arrested instead instead of the intruder!
Submitted: 4 months ago.
Category: Legal
Expert:  Zoey, JD replied 4 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Were either of you injured in the altercation? Did you tell the police you did nothing or did you say you acted in self-defense?

What is your question about this incident?

Expert:  Zoey, JD replied 4 months ago.

I was waiting to get an answer to my questions, but I'll respond with what I have If it doesn't address your concerns, please reply here on this question thread and let me know. I'll be happy to add to my answer.

I cannot tell you why you were arrested and the other party was not. I don't have any facts to go on. I can tell you however, that when that happens, one of the following usually has happened:

-- the other party is injured worse than you are;

-- the other party got to the police before you did;

-- the police didn't believe your side of the story;

-- you admitted to the police that you'd assaulted the complaiant, but said you'd only done so in self-defense.

Self-defense is an affirmative defense which is presented at trial after the state has rested its case. If the trier of the fact -- judge or jury -- believes you acted in self-defense, you cannot be convicted of this crime. However, a defendant who acted i self-defense can still be arrested for the crime, because he did, in fact, assault the complainant. Whether he had justification for that will be up to the jury.

If this was not what you wanted to know about, please reply here to this question thread so that I can add to my answer.

Customer: replied 4 months ago.
thank you, ***** ***** I put my hand in his face but did not touch him. At that time he pushed me across the room and threw me to the floor injuring my arm, hand, back and neck. I understand that Ks statute states that simple assult consists of an agressive act AND fear by the other person. Both me and my attacker (I overheard him) told the officers that he had no fear whatever. my defensive act actually enraged him enough to physically attack and injure me. The officers told me that I was being arrested because my story was less believable than his. So an armed, violent, emotionally out-of-control assailant was left unrestrained in my home while I went to jail. Also please note: none of the officers would state their name or badge number ALSO I was never read or informed either my rights (Miranda) or the exact thing I was arrested for (except the unbelievability of my version of events. At my home the arresting officer assured me that I would be free in "less than two hours" but every person at the jail knew that there is a mandatory hold of no less than 4 hours - during which I sat on a cold concrete floor with horrible pain in back and neck. SO...was this wrongful arrest? was my forth amendment right concerning my home violated? What recourse do I have against this atrocity? I am physically injured, emotionally damaged, extremely anxious and very much afraid of terrible cops!
Expert:  Zoey, JD replied 4 months ago.

Thanks for the reply. I am sorry for the delay, but I was still sleeping by the time your answer came through.

You'll be able to find the names of the police when you go to court and start getting your discovery. You called the police into your home to respond to an emergency. There is no fourth amendment issue as to an illegal search and seizure in your fact pattern.

Miranda warnings are not required in every case. If you were interrogated after you were arrested, then you should have been Mirandized, If you were asked about the case at a time when you had reason to believe that you were not free to leave, you should have been Mirandized. If you were not, then Miranda doesn't apply.

If your Miranda rights were violated, that will not dismiss your case. It would eventually entitle you to a hearing on the matter and if the judge agrees at the close of all of the evidence that your statements were improperly taken from you, the statements cannot be used against you at trial.

In order for you to prevail for a case of false arrest, you need to win your criminal case. So that's what you should be focusing on at this time. If you do not prevail, there's no false arrest because any conviction, whether by plea or verdict at trial will turn a false arrest into a true one, by definition.

Therefore, you should retain counsel, have him with you on your first court date and make sure you let him know that you hope to sue the police for what they put you through, since whatever happens in criminal court can be used against you potentially in your civil matter if you/your lawyer are not careful.

If you are unable to afford to retain private counsel, plead not guilty at your arraignment and ask the judge to appoint you a public defender.

Expert:  Zoey, JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.