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I am seeking civil rights attorney in OC - police witheld exculpatory evidence and violated civil rights.

Irvine, CA |

I am seeking an attorney who is can file suit against police department for violating civil rights (no phone call allowed) and witholding exculpatory evidence. Arresting officer states that no drug recognition expert was present, as he contradicted the findings of the arresting officer. The police refuse to hand over video tapes of the rooms, hallway, etc. I was arrested because of a disability with a blood alcohol level of zero. No previous tickets, never mind arrests. Cops ignored disability placard and my statements when informed of my disability.

I lost my job as a result of not being able to use the phone and cancel a business trip the next morning. Out of work for five months (x 10,000 a month) and I had to take a lower salaried job until charges were cleared. IPD receive grant funds for the experts, but this cop claims they do not use the experts. My career has been impacted as I cannot pass all background checks. He witheld drug expert's report because the expert would not cover for him. Disability placards clearly in the car one was expired and one current along with disability placard registration forms, can clearly hear me tell him I was disabled in the arrest videotape, but he insisted that I walk because I passed all of the upper body FSTs and he was certain I was drunk. Attorney fees to date 8500.00, since he charged me with carrying my own legal prescription medication.

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Attorney answers 3

Posted

what are your damages? Were you injured?

Robert Pecco Baker

Robert Pecco Baker

Posted

if you will give me more facts and answer my question I have a possible referral for you

Robert Pecco Baker

Robert Pecco Baker

Posted

were you convicted? If so, of what? Please explain the expert situation- very confusing

Robert Pecco Baker

Robert Pecco Baker

Posted

If all charges were cleared then you should be able to expunge your arrest record. Contact a low cost crim lawyer and ask. Then you can clear background checks. They do not have to hand over evidence if they dropped charges. So it seems that the damages stem from refusing the phone call. They normally lie and say you refused the call, In a civil sit the issue is whether the $50,000 in damages are foreseeable from not making one call. I still do not know exactly what happened- whether you went to trial and won or the charges were dropped. And the experts? I do not think there is a malicious prosecution case here regardless just based on what you have written. I also do not understand what the videotapes have to do w anything. You need to use the find a lawyer function and sit down for a Q and A because this is complicated and you are not giving all of the info that is needed

Posted

Did you suffer any kind of damages?

Robert Pecco Baker

Robert Pecco Baker

Posted

If there was a criminal trial and the Asker was convicted, the question is whether these issues were known and if known, litigated. If the answer to either is yes, then I do not t hink there is a case here

Malosack Berjis

Malosack Berjis

Posted

Very well put, Mr. Baker.

Robert Pecco Baker

Robert Pecco Baker

Posted

Thunk yu vury much

Posted

Civil rights claim based on unlawful detention with Ada claim for failure to accommodate known disability. Some good precedent out there. You need a civil rights attorney. Could be a good case if they were aware or should have been aware of your disability. Ada claim has teeth since costs include expert fees.

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