Who was in a strange apartment complex, all alone and "couldn't get in"? Who are you talking about? You were? What you describe about "not calming down" is the definition of drunk and disorderly conduct---disobeying a police officer and attacking them is not the definition of a panic attack. At some point whomever this person is---their behavior escalated to the point where he or she became a perceived threat to the police officers, hence the arrest. Also, after kicking an officer in the crotch while drunk it will be hard to prove the "hands down the pants" allegation.
An irrational woman pitching a fit in someone else's building and failing to respond to orders to stop IS probable cause. Just trying to get home? The way you get home is to walk out the door, call a cab, knock on someone's door and ask them to call a cab, or better yet stay where she was---in whomever's apartment she originally intended to be in until day break, fight or not. Or better yet--however she got there? Get there the same way home. If she had a phone to call her father, she could have waited quietly out front or in the lobby, or on the stairs for him to come--but being under the influence brought out the drama queen in her. Father couldn't get IN the building? Why didn't she get OUT of the building--the police got in to get to her, so why wasn't she waiting outside? The reality is there are a lot of other possibilities or choices she could have made that night---she wasn't a hapless victim, blindly stumbling alone, scared and frightened--she was DRUNK, didn't know enough to leave the building and wait quietly for her ride. She was angry because of the fight with her boyfriend and was disrupting other tenants--and she went to jail for doing so.
What you are writing off as harmless behavior is nothing of the kind. I have never been drunk in a place I have never been before, screaming at people I have never seen, refusing to conduct myself in an appropriate manner, kicking police officers in the crotch. Clearly, by your own admission, she was told repeatedly to stop, calm down, and was given every opportunity to keep the situation from escalating. Also, the testimony of someone under the influence , who is exhibiting poor judgement is going to be difficult to have be effective in being a credible witness against the charges stemming from this incident. If she isn't lucid ( or sober ) enough to leave the building, and find a way home, she probably isn't /wasn't sober enough to testify credibly about police misconduct. Virtually everyone that is arrested for drunk and disorderly alleges the same against the police---because their judgement is impaired and their perception of the events that transpired is effected.
I would stick with the public defender----the seriousness of the situation appears to have escaped you.
Last edited by GentleGrace : 07-24-2008 at 08:37 PM.
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