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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Greetings! X in California. Recently was arrested last month

Customer Question

Greetings! I'm Mr. X in California. Recently was arrested last month for pc 22210 possession of Club that police considered to be a possible weapon. Here was the thing my roommate (female 60's disabled) loaned this guy(Mr.Z) money. He never paid it back. She went to his parents house then he attacked a disabled woman. His parents run a restaurant so I went down to the restaurant with her .Told her to go inside talk to this guy Mr. Z was 10pm Friday night the kitchen closed yet around 25 people were still in restaurant. My roommate came out told me that Mr.Z had threatened her I proceeded to walk inside with her then as we left after customers were regulars we lllkdl left then a gal started a fight with my roommate she fell to the floor of restaurant . I picked her up then as we left the gal attacks her again I yelled at her then the cops came all the officer did was ask if she wanted to press charges as the other gal will if she did. The officer gave my roommate a slip with civil case number. The next day I'm getting threatening text messages from Mr. Z I tried getting a hold of the police in which the general station was closed for believe it or not in a city of 50,000. I went down to the restaurant talk to Mr. Z's mom. she snubbed her nose told me to not come into the place again. I received more threats on text. I told him (Mr.Z) that I was in front of restaurant. He never came out as I didn't go in there. I discovered a stick like a broom handle with rope like a broom had been hung up. I picked it up then a minute later walked away. A minute later as I was ready to open trunk of car. Three cop cars show up the first officer draws his gun then asked if I'm armed I told him ''no'' then he discovered the stick which I told him was found on side of restaurant. he arrests me three cops on me as they lead me to vehicle. (I think it was a set up as somebody in the restaurant told the police I had a club in my hand.) I stumbled over my sandal on my foot .All hell broke lose the police slammed me twice into side of car then slammed me into the ground. One officer put a strangle on my neck smearing my face into the ground. The other two officers sat their knees on my back making it extremely difficult to breathe. I told the officers I'm having trouble breathing the officer tells me'' if you can talk you can breathe you're making it hard on yourself'' finally they strapped me down took me away to county jail after excessive force causing me a scrapes cuts on my face, shoulder was bruised badly could hardly move arm a few days, cuts on foot & legs. charged me with resisting arrest to add insult to injury I have to go to court. Number one I'm not pleading guilty to these counts on my pre trial conference who knows it may be dismissed yet would I seriously be looking at a conviction as it is a mis-justice. my roommate is going to take Mr. Z to civil small claims. She has been robbed , things stolen from her home from people she thought were her friends former roommates .I was just sick of seeing people do this to a defenseless women the police were of no help until they came to get me of course. It burns me up .What would be good evidence to use against Mr. Z in small claims along with the police excessive force. There were no eyewitness. besides people in restaurant saw me pacing for a few minutes yet if they saw anything they are the ones filing the report against. What would be good evidence if brought to trial ? I'll bring my roommate that I care give for she walks with a cane was in a fatality accident in 2002. I have no real criminal history in past 28 years except two reckless driving in one year that cost me my license suspension 12 years ago. I'm out on O.R. right now.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
What is happening in criminal court, since the proceedings there will have a direct bearing on what happens in your civil suit, and vice versa? Anything you say/do in one proceeding can be used against you in the other.
Are you working with a lawyer on the criminal matter or the civil matter?

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