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does this count as resisting arrest?

My parents called the police because I apparently assaulted them, I never touched or hit them, they were under the influence of alcohol. I did throw a plastic ashtray but it wasn’t thrown in the direction and it didn’t hit them. I was then thrown down to the ground and choked and my hair ripped out. I still have the ball of hair. The police came, and never told me i was being under arrest, so i got up and attempted to go to my room, the police officer then threw me to the ground and repeatedly slammed my face into the hardwood floor. I was never read my miranda rights or any kind of rights for that matter. Once thrown and i mean thrown into the cop car and i was told to “shut the fuck up”. Can the fact that i wasn’t told anything help me if i have to appear in court.

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Answer #1

If you were placed under arrest and you subsequently attempted to leave then, yes, that would count as resisting arrest. . If you were not informed of your rights in accordance with the law, then it would have a bearing on proceedings in a court. However from what you say, it is likely that your account of the facts of the matter will be very different from the account given by the Police and your parents.
. Unless you have a witness that will confirm your account, a Court is likely to believe the report submitted by the Police - especially if their version is consistent with the account given by your parents. . You need legal representation as soon as possible: ‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾‾ (a) to assist you with any case that may be brought against you; and . (b) to advise you regarding the possibility of bringing charges for the assaults on you by your parents and by the Police who, by your account, would all seem likely to have used unnecessary and unreasonable force. .

– Best wishes - Majikthise. .

Answer #2

yes it can help you in court and tha cop was a dumb ass but its the USA what do you expect

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