Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My son was arrested last night for a warrant, they say he resisted…

My son was arrested last...
My son was arrested last night for a warrant, they say he resisted arrest then tazed him, they broke his wrist. Is this excessive force?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 13 minutes by:
11/1/2012
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
Verified

Hello.

 

It is possible. There's no bright line that says something is excessive force or not. The question is whether or not the use of force was reasonable in light of your son's actions. For example, if he was reaching for one of the officer's guns at the time they were trying to arrest him, then it is possible that the amount of force used would be found reasonable because they were protecting themselves from a threat to life. If your son merely slapped one of them, then the use of force here is clearly disproportionate. If the force was excessive in light of his own actions, he can file a complaint with the Internal Affairs division of the police department that employs these officers. He may also have grounds for a lawsuit. Many civil attorneys will do an initial consult for free, so he may want to consider meeting with a couple and going over the facts of the case to see if it is worth pursuing a lawsuit against the police and the department. He will want to look into that sooner rather than later because many government agencies have to be served with notice of intent to make a claim within a certain period of time to proceed with a lawsuit.

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
Verified
Hammer O'Justice and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
4,502 Satisfied Customers
Experience: Almost 12 years of legal experience, primarily in criminal law

Hammer O'Justice is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I want to file a civil action based on an arrest on my
I want to file a civil action based on an arrest on my property that I believe occured without probable cause of a felony. I know there was no warrant. Would this action be a petition? If successful w… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
565 satisfied customers
I was recently arrested at a concert in Salem there was a
I was recently arrested at a concert in Salem Virginia there was a fight that took place four five feet in front of me when the officer came through to break the fight up he bought through me from the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son was pressured into pleading guilty by the public
My son was pressured into pleading guilty by the public defender because he wanted out of jail and that is the only option offered to him. He is not guilty and has been falsely accused. They sentenced… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
While at a party with some friends a fight broke down to
While at a party with some friends a fight broke down to prevent being involved my friends and I decide to start walking away and away from the party to go home, however the police arrived at the scen… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
My daughter's boyfriend was arrested at a concert last night
My daughter's boyfriend was arrested at a concert last night in Indianapolis. He's at processing. Charges are public intoxication & resisting law enforcement. He's 23 with no record. My daughter is th… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Why was the police officer who killed Eric Garner not indicted?
Why was the police officer who killed Eric Garner not indicted? Did the prosecutor ask for indictment? Were his actions involuntary manslaughter? Why not?… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,589 satisfied customers
Unlawfully charged with Simple Assault, Harassment
Unlawfully charged with Simple Assault, Harassment and Resisting Arrest (for protecting my property) and removing a Criminal Trespasser who was told (4x) to vacate my property. Watch Video: https://ww… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
About two weeks ago the S.B. Sheriffs knock on my door at 3:30
About two weeks ago the S.B. Sheriffs knock on my door at 3:30 am. They stated who they where and why they where there. Then busted in my door. My son (18yr old)had got up to open the door So he was s… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
My 18 year old son was arrested recently in Santa Barbara,
My 18 year old son was arrested recently in Santa Barbara, CA for possession of alcohol by a minor and resisting/obstructing officer (when asked to hand over a bottle of beer he smashed it on ground i… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I was illegally arrested a year and a half ago by a police
I was illegally arrested a year and a half ago by a police officer at my home. Number one he was out of jurisdiction.Two he entered my home w/o a warrant, tazed me in front of my wife and children, dr… read more
Hammer O&#039;Justice
Hammer O'Justice
Criminal Lawyer
Juris Doctor
4,502 satisfied customers
If our son returned to kansas and turned himself in would he
If our son returned to kansas and turned himself in would he avoid felony charges for fleeing? (There has not been a warrant issued for it YET - only the failure to comply and non pay for child suppor… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My son was stopped twice by the same officer and arrested for
My son was stopped twice by the same officer and arrested for false misdemeanor charges. The first time he was stopped for driving a96 land rover that had factory installed tint and accused of having … read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
My 20 year old son has been bullied by an older male for the
My 20 year old son has been bullied by an older male for the last 7 years. With each encounter theviolence escalates. First, when my son was young, the bully would not leave our property and would phy… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My son was arrested for public urniation near his college campus.
My son was arrested for public urniation near his college campus. The police officer punched him in the face, and pushed him onto the ground . Underneath my son was broken glass and when his face was … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
was arrested with resisting arrest, in michigan. I hired
was arrested with "resisting arrest," in michigan. I hired a lawyer and got it reduced to littering with a 6 month "diferall." Got arrested again, during this period, while drunk, and spent the night … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
While My son was in jail waiting trail for drugs, he was beating,
While My son was in jail waiting trail for drugs, he was beating, tazed. handcuffed to a bed for 17 hours at a time laying in his fecies naked, he was put in a straight jacket and got out and cut his … read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
My Brother was bitten last night by police officers and wont
My Brother was bitten last night by police officers and won't tell me where he is. He was so badly bitten he was not moving. How can I find out where he is or how is he please help . Thank You. Alma T… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
929 satisfied customers
I am trying to assist my son with a petition for review by
I am trying to assist my son with a petition for review by the court of appeals. He has a significant history of mental illness, was arrested for domestic violence which was dropped; however, because … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x