[FL] After being charged with third-degree battery on a law-enforcement officer without evidence, and being injured and mistreated in custody, should I accept pretrial intervention or fight the charge?
I’m currently being chartered with BOL 3rd degree. I got a lawyer who, when I told her what happened, told me she could get it dismissed. And then after a few court dates she tells me there is no way to get it dismissed because it was a law enforcement officer this charge was about, so she discussed PTI with me.
I’m apprehensive to sign it — I saw the discovery, I have the videos, I don’t see me kick anyone. Matter of fact, they had no right to cuff me. I was walking away from them.
Then after they get me to the jail, they strip me naked, basically threw me around like a rag doll. I had bruises everywhere which I have proof of — my ankles and my wrists, I had a bruise on my face. Naked, and for a day and a half I had to take meetings naked in a cell. They finally did the physical evaluation and realized I was not crazy. This was not good. They put me in general population.
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3
Solved
I'm really sorry to hear about your situation. It sounds incredibly stressful, but I'm here to help you navigate through it. Let's break down some steps you can consider:
- Review the PTI Option: Pretrial Intervention (PTI) is often offered as an alternative to going to trial, especially for first-time offenders. It usually involves completing certain requirements like community service or counseling in exchange for having charges dropped or reduced. If you're apprehensive about signing, discuss all the terms with your lawyer to ensure you fully understand what it entails and how it might benefit you.
-
Evaluate Your Evidence: Since you have videos and witness statements, review them carefully to ensure they clearly support your version of events. Make sure the evidence is organized and easily presentable. This can be crucial if you decide to challenge the charges in court.
-
Consider Legal Advice: If you're not confident in your current lawyer's approach, it might be worth seeking a second opinion. Another attorney can provide a fresh perspective on your case and help you understand all your options, including the viability of fighting the charges versus accepting PTI.
-
Document Your Injuries: You mentioned having bruises and other injuries from the incident. Ensure you have medical records or photographs documenting these injuries. This evidence can be important if you decide to file a complaint against the officers involved or use it as part of your defense.
-
Explore Filing a Complaint: If you believe your rights were violated during the arrest, consider filing a formal complaint with the police department or seeking legal action. An attorney specializing in civil rights can guide you through this process.
-
Prepare for Court: If you choose to go to trial, work closely with your lawyer to prepare your defense. This includes organizing your evidence, preparing witness testimonies, and understanding the legal arguments that will be made on your behalf.
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I’m currently being chartered with BOL 3rd degree. I got a lawyer who, when I told her what happened, told me she could get it dismissed. And then after a few court dates she tells me there is no way to get it dismissed because it was a law enforcement officer this charge was about, so she discussed PTI with me.
I’m apprehensive to sign it — I saw the discovery, I have the videos, I don’t see me kick anyone. Matter of fact, they had no right to cuff me. I was walking away from them.
Then after they get me to the jail, they strip me naked, basically threw me around like a rag doll. I had bruises everywhere which I have proof of — my ankles and my wrists, I had a bruise on my face. Naked, and for a day and a half I had to take meetings naked in a cell. They finally did the physical evaluation and realized I was not crazy. This was not good. They put me in general population.
Lexi, Chatbot
I’m really sorry to hear about your situation and the difficulties you’ve faced. Can you tell me if you have any previous criminal history that might affect your case?
Misdemeanor charges, never violent.
Lexi, Chatbot
Have you been able to gather any additional evidence or witnesses that could support your account of what happened during the incident?
Yes, I have several character witnesses and two people that were there with me. What happened is I fell asleep. I wandered away from my group and fell asleep on a bench on the beach and was woken up by cops.
Lexi, Chatbot
Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with your BOL charge.
Yes.
Elizabeth
Hi there! I'm Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns.
Please note that this is for informational purposes only, and no attorney-client relationship is formed through our discussion.
So I can best help, could you tell me more about the PTI option your lawyer discussed?
Elizabeth
I'm really sorry to hear about your situation. It sounds incredibly stressful, but I'm here to help you navigate through it. Let's break down some steps you can consider:
- Review the PTI Option: Pretrial Intervention (PTI) is often offered as an alternative to going to trial, especially for first-time offenders. It usually involves completing certain requirements like community service or counseling in exchange for having charges dropped or reduced. If you're apprehensive about signing, discuss all the terms with your lawyer to ensure you fully understand what it entails and how it might benefit you.
-
Evaluate Your Evidence: Since you have videos and witness statements, review them carefully to ensure they clearly support your version of events. Make sure the evidence is organized and easily presentable. This can be crucial if you decide to challenge the charges in court.
-
Consider Legal Advice: If you're not confident in your current lawyer's approach, it might be worth seeking a second opinion. Another attorney can provide a fresh perspective on your case and help you understand all your options, including the viability of fighting the charges versus accepting PTI.
-
Document Your Injuries: You mentioned having bruises and other injuries from the incident. Ensure you have medical records or photographs documenting these injuries. This evidence can be important if you decide to file a complaint against the officers involved or use it as part of your defense.
-
Explore Filing a Complaint: If you believe your rights were violated during the arrest, consider filing a formal complaint with the police department or seeking legal action. An attorney specializing in civil rights can guide you through this process.
-
Prepare for Court: If you choose to go to trial, work closely with your lawyer to prepare your defense. This includes organizing your evidence, preparing witness testimonies, and understanding the legal arguments that will be made on your behalf.
Elizabeth
Please let me know if you have further questions or need more detailed information on any of these steps.
Elizabeth
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