What can I do if an officer out cuffs on so tight cut off circulation causing bruising and permanent nerve damage?: DUI arrest and accepted plea of no contest however video and medical documentation proves excessive force.
William’s answer: This is really a civil matter of excessive force. If you want to pursue it, hire a lawyer who specializes in this area.
How do I opt out of 2 years misdemeanor formal probation? And how much time would I serve?: I was taken from the jail to court and given the option between two years formal probation or a month jail but I would not be getting out if I chose jail so I could not prepare my loved ones for my disappearance... I know myself well enough to know that my reliability is as stable as my living situation. (I am homeless) and my charges are as follows, camping misdemeanor/ paraphernalia misdemeanor /resisting arrest misdemeanor /and giving a false name to an officer that last charge originally put me on informal probation 2 years prior.
William’s answer: The court can increase the jail time and then terminate probation. It's really at the judge's discretion. Your lawyer should seek a "terminal" disposition.
Are your constitutional rights violated when arrested and Miranda rights were not given?: Argument was in effect at a bar. Victim threatened bartender with beer bottle and verbal threat of harming bartender. Bartender retrieved a weapon from behind the bar and shot and killed victim. Bartender was arrested at crime scene and not given Miranda rights
William’s answer: Miranda only applies when when someone is in custody and being questioned. Each case rises and falls on it's own facts. The bartender should have his/her lawyer examine any statements and see under what circumstances any statements were made.