What to do if my husband was stopped by police while walking home and when he asked why he was being detained, the officer told him it didn’t matter?

He then asked if he was under arrest and when told no he started to walk away. The officer slammed against the vehicle cuffed and searched him and took him to the precinct. He received an appearance ticket for Obstructing Governmental administration in the 2nd degree. How should he go about this? He has court on the 30th and just wants to do the best he can at avoiding jail time. He does have a previous record but has had no police contact for 3 years now as he is a busy family man. Should he plead guilty and admit wrongdoing or go for a public defender and plead not guilty and go from there?

Asked on July 22, 2015 under Criminal Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your husband needs to get a retained or court appointed attorney to challenge the basis of the detention.  If the detention was illegal... which is sounds like it was... then the case will be thrown out.  To prove that the officer had no basis for the detention and subsequent arrest, the attorney will need to get a copy of the patrol video or a copy of the body mic that the officer would have been wearing.  He doesn't need to pled guitly to something that he didn't do.


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