What to do if my husband was stopped by police while walking home and when he asked why he was being detained, the officer told him it didn’t matter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my husband was stopped by police while walking home and when he asked why he was being detained, the officer told him it didn’t matter?
He then asked if he was under arrest and when told no he started to walk away. The officer slammed against the vehicle cuffed and searched him and took him to the precinct. He received an appearance ticket for Obstructing Governmental administration in the 2nd degree. How should he go about this? He has court on the 30th and just wants to do the best he can at avoiding jail time. He does have a previous record but has had no police contact for 3 years now as he is a busy family man. Should he plead guilty and admit wrongdoing or go for a public defender and plead not guilty and go from there?
Asked on July 22, 2015 under Criminal Law, New York
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Your husband needs to get a retained or court appointed attorney to challenge the basis of the detention. If the detention was illegal... which is sounds like it was... then the case will be thrown out. To prove that the officer had no basis for the detention and subsequent arrest, the attorney will need to get a copy of the patrol video or a copy of the body mic that the officer would have been wearing. He doesn't need to pled guitly to something that he didn't do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.