Comments on: Arrested for locking mailbox…?

By: Slappy

Slappy — Wed, 23 Dec 2009 21:08:59 +0000

Stick with the public defender and plead not guilty. The PD will likely be a better lawyer than any private one you can afford. If you DO go with a private attorney, make sure he was a former Public Defender. Once the case is won, then sue.
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By: jackson

jackson — Wed, 23 Dec 2009 20:37:59 +0000

The fact that you even know the term "dry taze" kind of says something. The average citizen who has never had a problem with the law would have no idea about what that means.

The police may have over stepped for sure.

But he is in a no win situation. He could have stood up, explained what was going on in a calm even manner and that would have been that. Obviously your brother has some sort of attitude. If a man with a badge asks you to do something you comply.
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By: K

Wed, 23 Dec 2009 20:01:59 +0000

Is your brother on medication for the liver failure? If so, some of the medication causes individuals to act or react in irrational ways…hold on…what I am saying is that he can use this in court. Also, he can file a civil lawsuit and a harassment claim against the police officer who arrested him. He has a right to lock his mailbox. The ex-tenant can also be sued for tampering with mail and mailbox…a Federal offense. Call the post master and ask him to file the correct forms in order to pursue stopping this individual from opening the mailbox. Call an attorney in your area, some will be willing to take your case on a contingency which means you don’t pay unless money is allotted for compensation.
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By: Jamie

Jamie — Wed, 23 Dec 2009 19:23:59 +0000

Well honestly you should make a case against the officer for false arrest or battery i mean the officer told him to get up he didn't then threw him down in mud and tazed him that's, at least where i live illegal id consult a lawyer or someone you know that the cop acted irrationally and make a case you can't just tazer someone because they say no. That could be considered assault you said you have evidence and witnesses right. I hope this helps
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By: Zi X

Zi X — Wed, 23 Dec 2009 19:14:59 +0000

It sounds like the police officer used unnecessary force. Yes, he did have the right to throw your brother down, but the tazing wasn’t needed.
Nobody owes him a new uniform, as that was caused by his own actions.

Your brother was NOT arrested for locking the mailbox although that was the cause of the situation. I doubt he could be arrested for assault on an officer as he didn’t actually touch him and cops normally wont charge you for say F*** off or anything.

He COULD be charged for abstructing justice though and the others, all of which are his own fault.

I personally think that he should plead guilty, because when(not if) he is charged, it will be a lighter sentence if he admits to doing wrong. His punishment will probably be equivalent to a slap on the wrist.
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By: Gypsy

Gypsy — Wed, 23 Dec 2009 18:34:59 +0000

Legal Aid Society

Call first, find out where to go & what time to show up… your brother will have to be there…

Then he can discuss it with them… they will let him know if he has any kind of case that he can file

They may or may not elect to take the case

I don’t think they can provide legal advise unless they take the case… but it is worth going there & finding out

http://www.legal-aid.org/en/probono/volunteerprobono.aspx
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By: bcnu

bcnu — Wed, 23 Dec 2009 18:25:59 +0000

Previous tenant is a criminal. It is a federal offense to remove mail from a box that does not belong to him. Call the local postmaster, file a complaint and ask which office of the postal inspector to contact.

Not clear from your story who got arrested: previous tenant or brother, as you say "previous tenant was evicted… he argued with police." What? Who? Why would ANYONE argue with the police? You do what the nice man with the badge tells you to do then you sue him, his department, the city and anyone else within earshot, and settle for a million dollars.
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By: cheruvima

cheruvima — Wed, 23 Dec 2009 18:15:59 +0000

I think you get a lawyer anyway. You can pay over time. This is too important not to let the police get away with blatant crime against your brother. Be loud. Tell the courts you want a different, competent public defender. Call the ABA. There are organizations which supply legal aid to those who can't afford it. Actually, it's called Legal Aid. You have a computer, google it. Fight. That cop needs to go to jail himself. I'd say he was disorderly. Does he not know that tazer guns and water can kill. He endangered your brother's life. He really needs NOT to get away with this, and if you don't stand up against this, he will get away with it and do it over and over again.
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By: Halfwords McGill

Halfwords McGill — Wed, 23 Dec 2009 17:42:59 +0000

I think your brother shouldn't give police officers a hard time anymore.
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