Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

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Latest post Fri, Mar 27 2015 6:38 PM by JamyeP. 11 replies.
  • Thu, Mar 26 2015 2:44 AM

    • girodjk91
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    Angry [:@] Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    My boyfriend was arrested in Cedar Park, Texas in late October of 2014.  They are currently charging him with: DUI (2nd offense), Assault on a Public Servant, and Interference with Public Duties.  The local news station was kind enough to get the dashboard camera footage from the responding officer, and what I saw was horrifying. (https://www.youtube.com/watch?v=lhbwa8p-okA) <-There is the link to the footage or if the link is not working correctly simply go to YouTube and search "Christian Salinas Cedar Park" and it will be the first video uploaded by Alex Penrose.

    The following I have taken from another news report detailing the audio in the video:

    Video transcript:
    Officer: "Put your hands on top of your head."
    Salinas: "What do you mean?"
    Officer: "Put your hands on top of your head."
    Salinas: "Oh okay. Like that?"
    Officer: "Yeah, and face away from me."
    After a few moments Salinas starts to question if he's under arrest.
    Officer: "Face away from me right now."
    Salinas: "I have a question sir, am I under arrest?"
    Officer: "Not right now."
    Salinas: "Am I detained?"
    Officer: "You are detained right now."
    Salinas: "Why am I being detained?"
    Officer: "Look man, are you going to put your hands up there or not?"
    Salinas: "No, wait, wait, wait."
    Officer: "Put your hands up, leave them up there. Quit."
    The officer then throws Salinas to the ground, landing on his face. He lies unresponsive for a moment.
    As the officer pounces on him, he begins to moan for help as the officer calls for back-up.
    Over the next several minutes more officers arrive. They can be seen punching and tasing Salinas multiple times as he screams "Help! Why!? Why are you doing this?"

    (http://policestatedaily.com/help-why-dashcam-video-shows-texas-police-assaulting-dwi-suspect/)

     

    A sobriety test was not performed, it was not verified that Christian was driving the vehicle, that is was running, or that there were keys in the ignition (thus no basis for the DUI).  I'm still not certain where he interfered with a public servant...  As he was asking what was going on (as is his right as a US citizen) the cop clearly gets aggravated and slams Christian to the ground.  Then, instead of cuffing him while he is unconscious for thirty seconds he calls for backup and this poor young man ends up with six grown "trained" police officers on top of him beating and tasing him.  He was put into ICU following this and when I showed up with the rest of his family the police informed us that his injuries were due to a car accident, which is obviously false.  I have pictures of at least 4 taser welts on his back, a busted eye which took five stitches, and bruises and scrapes all over his body.  At what point did he EVER assault an officer where it could not be written off as fight-or-flight or potentially even an involuntary muscle reaction due to being tased multiple times?  I would love to hear any and every opinion relating to this matter.  

    We are currently seeking legal representation for him on this case as all police protocol was thrown out the window as I belive these charges should be.  Any help whatsoever is deeply appreciated whether advise, a referral, or if you would like to meet with us to discuss potentially picking up his case.  We are young people, so we do not have an excess of cash.  However I am willing to work out a payment arrangement to fight this case.  I believe fully that CPPD was very wrong in this instance and I feel that a judge would agree given just the video that was released.

    Thank you for taking the time to read this and review the footage. 

  • Thu, Mar 26 2015 6:14 AM In reply to

    • DPH
      Consumer
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    • Joined on Mon, Oct 8 2001
    • TX
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    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    girodjk91:
    We are currently seeking legal representation for him on this case as all police protocol was thrown out the window as I belive these charges should be.  Any help whatsoever is deeply appreciated

    Then start contacing local attorneys to discuss the situation.  You can use the Find A Lawyer service to the right of this page if you do not have any other way to locate local attorneys.  I would suggest that you may need more than one attorney if criminal charges have been filed.  He will need to defend against those charges.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Thu, Mar 26 2015 8:59 AM In reply to

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    I'm not sure what the purpose of your post is.  If you're simply seeking an attorney, a "find a lawyer" link appears prominently at the top of every page at this site.  Keep in mind, however, that, even if your boyfriend has a viable case for use of excessive force, that is completely separate from his potential liability for a DUI.

  • Thu, Mar 26 2015 4:49 PM In reply to

    • girodjk91
      Consumer
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    • TX
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    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    I currently have meetings set up with multiple lawyers in the area to discuss his case details. And yes, I realize that the criminal charges would be separate from a civil suit that would have to be filed against the PD and/or individual officers responsible for the behavior.  I was simply seeking advice on the situation (since I have our meetings starting next Monday) from any and every source to be as informed as possible.  However if a lawyer were to read this and have interest in the case then that was to let them know we have not found representation.  I understand this board is for legal advice and not all of it comes from lawyers, I'm just trying to get as much information and insight as possible as I have never dealt with any legal issues in my life and am turning to every facet to gain knowledge.

    Thank you for your response.

  • Thu, Mar 26 2015 6:43 PM In reply to

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    girodjk91:
    However if a lawyer were to read this and have interest in the case then that was to let them know we have not found representation.

    No Texas lawyers participate in the boards.  Not to mention that site rules and Bar Association rules prohibit soliciting clients from the forums.  No attorney will be taking the case based on a post on the internet.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, Mar 26 2015 7:26 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on Mon, Oct 8 2001
    • TX
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    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    girodjk91:
    I currently have meetings set up with multiple lawyers in the area to discuss his case details

    You do realize that you have no standing in any of these cases.  Your boyfriend does, but not you.  I would be willing to say that at this point you might be able to retain the services of an attorney, but that's about it.

    Is your BF still in jail?  Has he spoken with an attorney? 

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Fri, Mar 27 2015 8:54 AM In reply to

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    girodjk91:
    I was simply seeking advice on the situation. . . .  I understand this board is for legal advice. . . .

    You should probably review the forum rules (which you agreed to when you signed up to post here but apparently didn't read).  Among other things, they say the following:

    "Refrain from giving advice, as in 'you should do this' and 'you should do that'. . . .  [N]one of us can give legal advice on this website. . . .

  •  All information you access or retrieve from lawyers.com is general information; no legal advice is given. . . ."

  • Specific, focused questions are general better for "get[ting] as much information and insight as possible" than generalized "what'd'ya think?" type questions.

  • Fri, Mar 27 2015 8:58 AM In reply to

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    ClydesMom:
    Bar Association rules prohibit soliciting clients from the forums.

    Could you cite at least some "Bar Association rules" that "prohibit soliciting clients from [these or any other] forums"?  No such rule exists in my state, but I'd like to be aware of such rules in other jurisdictions.

  • Fri, Mar 27 2015 4:47 PM In reply to

    • girodjk91
      Consumer
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    • Joined on Thu, Mar 26 2015
    • TX
    • Posts 4

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    No, he is currently out on bond.  We are going to meet with lawyers Monday.

  • Fri, Mar 27 2015 4:50 PM In reply to

    • girodjk91
      Consumer
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    • Joined on Thu, Mar 26 2015
    • TX
    • Posts 4

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    Thank you for being so very helpful.  And I did read the forum rules I've just never been involved in any legal situations and was seeking advice.  If this post is innapropriate and violates the forum rules then please report it so that it may be removed.  

  • Fri, Mar 27 2015 6:16 PM In reply to

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    ca19lawyer2:

    ClydesMom:
    Bar Association rules prohibit soliciting clients from the forums.

    Could you cite at least some "Bar Association rules" that "prohibit soliciting clients from [these or any other] forums"?  No such rule exists in my state, but I'd like to be aware of such rules in other jurisdictions.

    The problem would be complying with rules like ABA Model Rule 7.3,  I think. 

  • Fri, Mar 27 2015 6:38 PM In reply to

    Re: Excessive Force for DUI Arrest (Seeking Lawyer) CedarPark,TX

    California RPC Rule 1-400 provides:

    (C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California.

    Under the interpretation, you can send out letters to people who have been arrested and advertise on TV but you can't solicit business from a particular individual on message boards.

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