Story and Questions

Hello all. I recently was arrested for suspicion of DWI, resisting arrest,
and assault on an officer in the third degree ( all misdemeanors) I plead
guilty to the DWI upon the advice of my last lawyer, which may have not been the smartest move. I should indicate I did not resist arrest at the scene, they claim I resisted to be booked but still charged me with resisting and said I slapped the cop when he tried to book me ( we do not believe this is the case, they claim they have no video to back it up, and this all
supposedly happened in the police station. According to the definition of
resisting arrest I did not, according to Wikipedia\'s defintion, as I did
not resist in anyway on the arrest. The officer involved has a reputation
for being a hothead in the department. My last lawyer said he was
confindent he could get the resisting charge dropped completely and an SIS
on the assault with probation and the chance to have it removed after,
possibly moving it down to a disturbing the peace even. I should also
mention I suffered many injuries in the station, a cut on my head, 7 broken
and damaged teeth, bruising, scrapes and a non-displaced rib fracture. They claim I "FELL" and this is how I received this injuries. At the last
meeting my attorney told me the prosecutor demanded I take an SES on both the resisting and assault, with 1 year of backup if I violate in anyway, my attorney agreed i should start the process of taking it to a trail by jury.
I agreed, except I decided to hire a lawyer better known for criminal
defense. From what I have heard anytime an injury occurs, all police
departments will throw an assault charge no matter what, called CYA (cover
your ass) I don\'t believe i slapped this officer. I believe he beat he
crap out of me but i can\'t recall as my therapist says I am blocking it due
to it being to painful for my brain to revisit. I should mention before
this I had only been arrested once in my life, for a DWI, which I plead
guilty too and was fully cooperative in the arrest, I blew, and it was reduced to a CNI (careless driving ) after 6 months of probation. Never have I been a violent person, or even accused of ever been violent. Any advice is greatly appreciated. It might also be worth mentioning I did not resist in anyway at the scene, which according to the definition of resisting arrest of which I have been charged does not fit the definition.

[safetyfirst]

Sounds to me like you were too wasted to even remember the incident and you are pinning your hopes on semantics. I think your therapist is helping you CYA with that 'too painful to remember' crap.

Sorry, I have no legal advice for you.