Quote:
Originally Posted by fltrekker
you are absolutely correct it was handled badly on her part, i agree with your point of view as well, her point was she was scared and freaked out because she didnt know why she was being arrested, and never told why. one minute arguing with the boyfriend, next minute he leaves, and then cops come and arrest her. and for someone never been in trouble before that is a terrifying thing. now if the orignal probable cause was public intox wouldnt they have needed to do a sobriety/breath, or blood alcohol test to verify their probable cause? i am still waiting on getting a copy of the arrest report to see everything that transpired.
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The boyfriend left before the police came? All of these details you are adding CHANGE the story---and all are relevant and pertinent to shedding light on the events that happened. Each time you post, you add more details that change the story---do not do this with the public defender.
My point is---if you want to present your daughter in the best light, try to avoid presenting your case the way it was presented here. I would try to avoid the whole "lost and alone" scenario, and focus on the fact that she is a young girl and all that entails---the emotions, the heightened sense of self importance---a judge and a jury will be able to say "Wow, I remember when I was that age, and I broke up with my boyfriend or girlfriend, etc..." But the "lost and alone" scenario feels like making excuses, or being dramatic--when the truth is much more believable and people listening to that can identify with those emotions.
I suspect your child will be able to plea down her case to misdemeanor charges---and will get probation---unless they want to take a hard line against the "attack" on a cop---if not for that part, she would probably just get fined, community service, or something of the like. But, the cop part? I don't know. If you don't feel as though the public defender is representing you adequately, or the bargain she is offered isn't acceptable, hire an attorney---for that amount of money, you should be able to.
Also, the probable cause issue relating to being drunk? Even if she werent drunk, the fact that she was creating a disturbance gave them probable cause. And, some behavior is clearly and obviously related to alcohol--and if the boyfriend was questioned---he could state if they had been drinking.
Good luck.