Resisting Arrest and Fleeing and Eluding Dismissed
Our client was charged with two felonies: Resisting Arrest and Fleeing and Eluding, two serious crimes that both carry maximum penalties of years in prison. We knew the case should have never been filed. The officer in this case used excessive force and we believed the felonies were charged to cover up his bad behavior.
Excessive Force by Police
The very short version of this case is as follows: Our client was pulled over in Highland Park on Woodward, just outside of Detroit. She wasn’t sure why she was being pulled over because she hadn’t done anything wrong. When she was pulled over she was asked for her identification and while she was reaching for her ID she asked the officer why she was being stopped. The officer rudely responded, “don’t ask me no mother fucking questions”. Our client was shocked! She also noticed that his eyes appeared to be glossy and blood shot, she thought he may be high. Our client responded in shock and the officer told her she would be arrested for disobeying an officer. At that point our client is scared, as she realizes something just isn’t right. Within an instant our client was struck in the face by an object and then sprayed with mace. The officer then reached into the vehicle and began to take her seatbelt off.
Our client, in fear for her life, believing that this is no longer a traffic stop but instead an assault, put the car in drive and tried to head for safety. She can hardly see but she knows there is a police station down the street and heads in that direction.
In her rearview mirror she sees that the officer is following her. Luckily, in front of her she can see police vehicles and she stops. In her haze, she can make out the officer who initially stopped her. He is out of his car with his gun drawn. She yells, “please help”, “don’t let him shoot me”, and is helped out of the car by officers. She was then arrested, taken to the hospital, and then held in jail for days.
The prosecutor’s office never produced video or audio from the stop. The case went all the way to trial and the officer never showed up. The prosecutor’s office dismissed and refilled the matter and dragged our client through this mess a second time. This time the officer did not show up to the preliminary examination or trial. The judge agreed to dismiss the case.
Our client has absolutely no criminal history whatsoever. She received an honorable discharge after serving in the military. She is currently working on her Masters degree. She is not the type of person to break the law. It was our theory of the case that the officer used excessive force, escalated a simple traffic stop and created a felony, and that out client should have never been charged with a crime. Oh, and the ticket for failure to stop, the city attorney dismissed it.
Had our client been found guilty of resisting arrest she would have been facing a maximum possible penalty of two years in jail and a hefty fine.
Fleeing and Eluding
The allegation to support the fleeing and eluding charge was that when our client drove away after being sprayed with mace. It was charged in the third degree because the officer claimed she drove in an area where the speed limit was 35 mph and exceeded that speed. The maximum penalty for this offence is up to 5 years in prison and fines.
Detroit Criminal Lawyer
If you have been charged with a crime we are here to fight for you. We don’t lie down just because the police or prosecution claims to have a case. When you need serious representation call our office today (734) 453-7806. We had to go all the way to trial to call this officer’s bluff. We will do the same for you.