My son, a Yavapai Apache Indian was approached by Phoenix police without probable cause. He was never read his rights He was charged with "animal abuse" as was his dog. His dog was seized and kept for 25 days until the family could get him back. The dog was not abused and the court found my son "not guilty."
But after the police seized his dog they handcuffed him and put him in the police car. Then they pulled him back out on the ground where beat and kicked my son. They then charged him with resisting arrest and assaulting an officer. He has been in jail since March 28.
There is a lot more to this story and I would like to send you a full write up of it with potential proofs if you are interested. Please call me if you are interested and I will tell/send you the particulars.
Criminal Defense Attorney
Your son needs a good criminal defense attorney as well as a civil rights attorney. You can find those persons on AVVO and the web in general.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
2 lawyers agree
It you can contact your state bar associations lawyer referral service at http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=AZ.
Your county may also have such a service.
FYI, police do not need probable cause to approach someone and they are not required to read Miranda rights. Police may use reasonable but not excessive force when making an arrest.
You son shoukd see a civil rights attorney as Mr. Hudson advised.
Best of luck to your son.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
1 lawyer agrees