need advice, arrested for not calming down enough?

long story short..

after fight with boyfriend, left in strange apt complex alone, crying and upset, neighbors called police, father was trying to come pick her up, couldnt get into complex, police came ordered her to calm down, she was hysterical, crying, had a few beers, officer said, calm down a few more times, said sure more than a few. slammed to ground, bruises all over, all photographed, this girl is 5foot tall and no threat to anyone. did nothing wrong, cops had against car and a male cop searched her, put hands down back of pants, she freaked out and kicked backwards to his crotch.. had panic attack, went to hospital then jail, arrested and charged with battery of officer, obstruct with violence, disorderly intox, all for crying, and not calming down enough for the officer. she was scared alone, not hurting anyone, and just trying to get home. assuming the probable cause of arrest was public intox/disorderly intox, which escalated to the battery and obstruct, she was never given a breath/blood, or sobriety test to justify the probable cause. never been in trouble with the law before except 1 speeding ticket.

we can maybe only afford 2000 dollars max in legal fees, we are goin to use a public defender unless someone can help

dont know what to expect, possible jail time? probation?, scared to death, have lost all faith in police, should have just let her have her dad come get her, not arrest when not a threat to anyone..

waiting to get the police report to see exactly what they wrote into it.

any advice is appreciated..

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.

she wasnt yelling and screaming, she was mainly just crying and upset.. was not in a building, was out in a parking lot, in middle of a big gated community.. was in a fight with her boyfriend, and was walking as he was trying to follow and calm her down.. neighbors told him to leave, and said they were calling the cops.. cops drove by her dad waiting at the gate.. and am not arguing the fact that she handled it wrong, hindsight is always 20/20.. the officer could have just taken an extra minute, and got her father.. although its not their "problem" however trying to get an idea of what could possibly happen being never been in trouble before, she knows what she did is wrong, and is sorry for it.. i know cops have a tough job, but dissapointed because it wasnt a violent situation until they slammed her to the ground, that the officer didnt try to help her more, rather than say ok, off to jail.... and now a first time offender has to fight 2 serious felony charges... she's praying she wont go to jail.

You are contradicting yourself. You said she was lost and all alone in a place she had never been in (implying she had cause to be afraid), now you say her boyfriend was with her, trying to get her to calm down ( not alone ) and she is in a gated community ( no reason to be afraid of being attacked or raped, or attacked ). Basically, from what you are saying, they had a fight, and instead of calling dad, and then letting him into the complex, she walked the streets with boyfriend following her, showing out, interjecting drama into the lives of everyone who pays to live in an exclusive / protected / gated community. The responsibility lies solely with your daughter. If she had been rational and not under the influence, and lets say her and boyfriends car wouldn't start, and they called dad, how would he get in? They would have to either give him the access code or "beep" him in--but neither one did. It also isnt reasonable to expect the cops to identify the dad outside the gate, and correctly identify him as an entity that could help difuse the situation. In fact, the dad could have made it worse---in other words, allowing yet another person into the mix where emotions are apparently high could be risky for both the cops and your daughter ( not to mention her boyfriend if Dad showed out, too). So, the cops were right to NOT invite him in.

Sounds like a little bit of maturity would have gone a long way in avoiding the situation entirely. People end relationships all the time and do so without walking the streets of gated communities, crying like a young child. I wouldn't depend on the "lost and alone" in a place she had never been in defense if I were you. She wasn't alone--she was pissed off. LOL there is a difference. And that difference is what put her in jail.

The public defender will be able to plea down the charges, I suspect. But I hope and expect him to do it with an entirely different tone than the posting here, so be prepared for a different perspective from him or her.

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.

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.