I was charged with felony spousal abuse. While in jail, waiting to see the judge, the DA dropped charges...
I was told that a detective is now opening the case again and trying to prosecute not only the domestic violence charges, but "resisting arrest" and "a couple other charges".
I can only assume this has to do with my pressing charges on the city and/or the stories my ex came up when trying to get her restraining order from past fights we've had.
The fact is, I was the one abused, but I never said anything about it because I'm a guy and it didn't really hurt, but I'm getting written testimony of friends who live out of state to confirm the things I'm saying. Will any of this do any good or am I doomed to go to jail for this?
I'm so scared and can't afford an attorney and just don't know what to do!
3 attorney answers
Making a claim against the police while the statute of limitations was still open was a really foolish move, as you have now discovered. Now the police will tell whatever story will best protect THEM from liability, and that will likely convict you of assaulting a police officer. You would have done better to contact an attorney before you told the County and police that you were going to sue them. I don't see this ending well, I'm sorry to say. The only possible strategy I can think of is to have an attorney contact the D.A. and offer a full release of liability to the county, police, etc in exchange for dropping the charges again, but I doubt they will take it now.
If you were a victim of police abuse, there are attorneys that will take your case without charge to you with the expectation that the will get their fees paid if you win based upon a federal statute.
However, be sure that your story is believable: you say you were "severely beaten" - yet, you then say "it didn't hurt" That doesn't make sense.
Police brutality is becoming more prominent each day. This would be a violation of your constitutional rights, assuming that you were not actually committing spousal abuse. Federal law protects your rights, consult a local lawyer on the matter.