LONG story and legal question

i never said i would fight back. i just thought is was funny you got choked slammed.

i would have never put myself in that position to begin with. should have stayed out of it.

I don't know about that. If you saw your friend potentially getting into trouble, wouldn't you try to help him out? I'm suprised teh cops jumped in so quickly on a guy that didn't even do anything yet...

As everybody else is saying, just stay honest in court and explain that you were only trying to help as the assigned DD for the night. If the cops gave you an opportunity to step back, you would have, but they didn't even say anything to you before bringing you down to teh curb.

You should be able to getthis case thrown out.
 
Like I said, had I known he was being arrested or dealing with under cover cops and bouncers I would have stood and watched like everyone else. From my POV he was in a fight with regular people, and I was going to get him out of there so I could go home. Nothing more nothing less, I respect authority and don't stick my nose into their business, when I know it's their business.

I have a sit down with my lawyer tomorrow to see what he plans to do about the reversed charges. If he can get them both wiped I won't mention a thing. If he tells me to speak up about them being switched, I plan to do that.

Either way I plan to avoid this "friend" of mine, and pretty much told him not to come around anymore, he isn't wanted.
 
Honestly from what I've read is a bit of excessive force. I don't see any of that as being necessary or why an arrest was made. So, I'm to assume a bit more detail was left out of the story.

I've been in situation's similar (from what I read) and nothing like that has ever happened. Must have a whole new bread of leo there. I would honestly fight it and plead not-guilty in court.
 
I only read like half of it, but if your friend is in the middle of having a problem with the police, the last thing you want to do is go in the middle of it and try to get him out. Cops do not act kindly towards drunk people and in those situations they assume everyone is drunk. Ive seen 2 people get tazzered, 2 feet away from me in a bar parking lot just for fighting.
 
I only read like half of it, but if your friend is in the middle of having a problem with the police, the last thing you want to do is go in the middle of it and try to get him out. Cops do not act kindly towards drunk people and in those situations they assume everyone is drunk. Ive seen 2 people get tazzered, 2 feet away from me in a bar parking lot just for fighting.

Yeah I agree, my thing was I didn't realize cops were dealing with it until I had one taking me down. Had I seen cops in the middle of it, or knew it was being handled I would have stood back and watched. He's the friend who always does dumb **** when he's drunk, and he really needs to learn his lesson. Had I not been the one driving who had to take him home, I would have just left.
 
Honestly from what I've read is a bit of excessive force. I don't see any of that as being necessary or why an arrest was made. So, I'm to assume a bit more detail was left out of the story.

I've been in situation's similar (from what I read) and nothing like that has ever happened. Must have a whole new bread of leo there. I would honestly fight it and plead not-guilty in court.

As far as my story goes the reason it's so long is I tried to give every bit of detail from what I did. Now I'm sure the police story would be different, after all they were making an arrest from their side, and from my side, I thought it was just a fight between some random guys in the street. I think it would be hard to fight excessive force as all I have is a cut up area and bruised arm, and a spot on my back where I hit the curb, not much in the way of evidence of force. I will pleade not guilty, and probably do whatever my lawyer says.
 
As far as my story goes the reason it's so long is I tried to give every bit of detail from what I did. Now I'm sure the police story would be different, after all they were making an arrest from their side, and from my side, I thought it was just a fight between some random guys in the street. I think it would be hard to fight excessive force as all I have is a cut up area and bruised arm, and a spot on my back where I hit the curb, not much in the way of evidence of force. I will pleade not guilty, and probably do whatever my lawyer says.

I wouldn't fight it as excessive force, but it sounds like more force was used than neccesary, but I can't honestly back that 100% because of the situation before you arrived and after. (If I'm not making complete sense, I'm recovering from a hangover).

I would do the same in your situation (Plead Not Guilty). As you really didn't do anything wrong. I'm sure it will get dismissed.

I'm surprised you got a court date so soon. Small town?
 
i would have never put myself in that position to begin with. should have stayed out of it.

I don't know about that. If you saw your friend potentially getting into trouble, wouldn't you try to help him out?

I agree with BK on that statement. 25th made it completely clear he didn't like the guy anyway and he didn' want him in that group of friends. If I had been chilling with a douchebag and he went and got even just into a fight like 25th originally thought I would have left his ass to deal w/ it. Again, from what 25th said, the guy would have deserved a good ass kicking regardless of the fact cops were involved.
 
Well as far as that goes although he deserves his a$$ kicked, his younger brother (had just turned 21) was with us as well, and when I drive someone (even a friend like that) to the bars, I make sure they get home. I would rather not stay, have him get beat up, and then have to drive his brother to the hospital to deal with it. I pictured that the outcome, and decided if I could just get him out, we could be gone and home without any worries.

Learned that lesson, and decided it's best if I avoid hanging out with him from now on. Could care less about ties with him, and it's a shame as his brother and family are good people, and he used to be.
 
I agree with alot of the comments here, go to court, be honest about everything including your feelings about being taken down so hard, especially how cooperative you were during the whole process(a big plus) and you stand a very good chance it will be dismissed. The officers have one point of view but the court's job is to hear both sides of the story and make an educated decision. I've heard alot worse stories where the charges were dismissed than the circumstances surrounding this. Good luck 25th.
 
25th--Just go to court if or when you have to and tell the truth. If it comes to a point where there is a jury, look at each and everyone of them, look at your lawyer, and other people in the room. Let them see you can be comfortable in front of a crowd. Show them you're educated.

I had to go to court because of some theft that happened to our work that I witnessed....and that is exactly what I did.

Don't worry about anything, your lawyer will make you look good in front of everybody, to get them on your side. Mine asked me tons questions related to my background. I wondered why until I found out exactly how the court process works.


Your fate/outcome is in the hands of 6 or 12 stangers!! Be nice to them, and anybody who asks your questions. Also...tell them you were not drunk!
 
Yeah thats what I plan to do. I have no worries in front of a crowd, and plan to merely tell my story and hope they realize I am far from a trouble maker. I'm not really worried about it other than getting the wrong charges making it harder to explain...