What can I do if I am being harassed by a police officer?

My wife and I were heading home and we get stopped by police. The officer came to the passenger side of the vehicle asks me to get out and proceeds to tell me that he seen me driving 3 weeks ago and writes me a citation because my license is suspended. I wasn’t driving though. He said I would go to jail if I did not sign it. I need an attorney to help. I believe that a friend may have been driving the vehicle when the police officer saw him.

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Answered By: The Law Offices of Robert L. Driessen

A police officer cannot cite you for a 14601.1 violation that occurred three weeks ago. Your attorney will get this case dismissed. Hire an attorney and your attorney can work with the police to get this officer reprimanded.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of George Woodworth & Associates

Fight this kind of nonsense! First, police officers normally don't wait several weeks to tell a suspect that they think he violated the law. It makes it harder to defend yourself as you may not remember later what you did on a particular date or time of day that far back. Possible witnesses or even papers or documents may be gone that could have shown what the truth is. Get an experienced Attorney to stop this kind of "legal" abuse.

Answer Applies to: California
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Victor J Mazzaraco

The situation you describe sounds almost personal. Do you have a history with this officer? And to be guilty of a crime often there is a "mens rea" component and an "actus rea" component, both of which must occur simultaneously for a defendant to be guilty. I would enter a "Not Guilty" plea and go to court on the date the court trial is scheduled. On that date, if the cop shows up, do the trial, and simply ask him the situation in which he gave you the ticket, and what he said to you at the time. If he's honest, the Judge will throw it out, and if he lies, he can probably be crossed up with good questioning. Your wife should also go to court and serve as a witness to support your account.

Answer Applies to: California
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Martina Vigil

You should hire an attorney to fight the ticket. As far as the officer harassing you, you should file a complaint with the police department immediately.

Answer Applies to: California
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg

If you were driving at the time of the stop and you had a suspended license and the police officer had reasonable cause to make the traffic stop then he can issue you a ticket for driving on a suspended license. If you were not driving at the time of the stop then the ticket should be dismisses in traffic court.

Answer Applies to: California
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh

You need to hire an attorney. Trying to explain this by yourself in court will only cause the prosecutor/Judge to laugh at you.

Answer Applies to: California
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dennis Roberts, a P.C.

Get an attorney and talk to your friend. If he was driving (and not on the suspended list) have him talk to your attorney.

Answer Applies to: California
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.

Signing a citation is not an admission. You can be arrested for not doing so. Hire an attorney.

Answer Applies to: California
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.