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My son was arrested a couple of days ago and he has been

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beaten by a police officer...
My son was arrested a couple of days ago and he has been beaten by a police officer what can I do?
Submitted: 1 year ago.Category: Criminal Law
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Answered in 23 minutes by:
7/21/2016
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago
N Cal Attorney
Category: Criminal Law
Satisfied Customers: 9,436
Experience: Since 1983
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Thank you for your question.

The first step is to document the injuries with photos and as medical examination.

In which County did this happen?

Please describe the situation a little more. What are the charges? Was there an arrest warrant? Please describe the arrest.

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Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

Was he beaten during or after the arrest?

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Customer reply replied 1 year ago
Henderson county tx. And no warrants he was pulled over for a dim tail light and this happened at the police station after he had already been arrested at the initial traffic stop he says the officer took him to a room and asked him to remove his shirt and he did so and before he put the shirt on the floor the officer began punchung him throwing him around the room and to the floor then started to kick him he said he just balled up as this was happening and asking him to as he did nothing to have this happen
Customer reply replied 1 year ago
Now i feel like they are not transferring him to county until his swelling goes down as to cover up the wounds from the judge at county
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

Can you visit him and photograph the bruises?

What was he arrested for?

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Customer reply replied 1 year ago
Thay said they dont have visitations at that city jail he is out now and the DA actually called him today but i told him not to say anything until he talks to a lawyer can you advise us on what to do at this point we did immediately take pictures of his face when he got out after he was transfered to county
Customer reply replied 1 year ago
They charhed him with resisting arrest yet they beat him up after they arrested him the officer took him to a room that had no cameras along with a Sgt. and thats where he assaulted my son
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

You were right to tell him not to speak with the DA.

He can get a free consultation with some of the local criminal defense attorneys listed here.

The fact that the ONLY charge is resisting arrest is unusual and indicates it may be completely bogus. A person cannot just resist arrest unless he or she is being arrested for something other than resisting arrest. After the criminal case is disposed of, he can get a free consultation from some of the civil rights attorneys listed here. Beating a prisoner is usually a civil rights violation.

Please follow up on this with a local attorney.

I hope this information is helpful.

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Customer reply replied 1 year ago
Ok thank you for the information it has been helpful and very comforting
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

OK!

If you are satisfied, please remember to rate my answer as 3 or above, otherwise my time here is not compensated.

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Customer reply replied 1 year ago
I have a request can you refer us to some lawyers that are in the Dallas area I really don't want any lawyer with ties to the area where this incident occured
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

No problem.

Dallas criminal defense attorneys are listed here.

Dallas civil rights attorneys are listed here.

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Customer reply replied 1 year ago
Just to let you know my son said they arrested him for no insurance on the vehicle and drug paraphernalia a pipe that had marijuana residue but no drugs
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

Why was he pulled over?

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Customer reply replied 1 year ago
A dim tail light
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

I've never heard of that one. I never say a light grow dim and slowly burn out, they always seem to ge either bright or dead.

It would be interesting to have someone with a light meter check the actual brightnes of the tail lights. If there wa sno dim light, there was no reason to stop the vehicle.

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Customer reply replied 1 year ago
The way my son described the situation was as if someone called the police and forewarned them but obviously they had nothing
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

The arrest may have been unlawful, but he needs a local attorney to represent him.

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Customer reply replied 1 year ago
The da wants my son to go and give his testimony against the officer im not sure who reported this to the da except maybe the sherrifs department
Customer reply replied 1 year ago
I am at a loss he called some of the lawyers you referred and some said they want $4000 to start he doesn't have that kind of money and neither do I so we need so help here any suggestions
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

Is the DA offering immunity in exchange for the testimony? Is your son charged with a crime or not?

If he is, he can ask thr Court to appoint an attorney to defend him.

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Customer reply replied 1 year ago
I can ask about the immunity and when i went to the bail bond office to pay for that they said he was charged with resisting arrest and drug paraphernalia and marijuana pipe but no actual drugs
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

I would have him ask the court to appoint an attorney as soon as he has a court appearance, then I would ask the attorney to make a deal with the DA to drop the charges in exchange for his testimony, but he'd be in a better bargaining position if he could prove that the light was no dimmer than the same light on the other side.

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Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

Before he goes to Curt, he can contact Indigent Defense.

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Customer reply replied 1 year ago
Okay I kind of have a problem he says the attorney has subpoenaed him through email is that even possible and they want him to go and give his testimony I'm not sure what to tell him to do
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

24.04 does allow service by email, see

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.24.htm

He needs to get an attorney to speak with the DA to see what they want and what the DA is willing to offer..

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Customer reply replied 1 year ago
The problem is that the sopoena is for 7-27-2016 which is today at 9am if we show up there can my son refuse to answer due to we are searching for a lawyer
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

He can ask for a delay to get an attorney but cannot refuse to answer for that reason. He can refuse to answer any question if the answer might tend to incriminate him.

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Customer reply replied 1 year ago
We spoke with the DA for a brief minute he says he is looking at my sons as a victim so should he testify the DA says he only wants to know how and why the officer hit him
Criminal Lawyer: N Cal Attorney, Lawyer replied 1 year ago

I think he should cooperate with the DA but it would be better to get the DA to agree to drop the charges against your son first.

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