My question involves criminal law for the state of: Ohio
My friend and I were walking out the exit of a concert. It was about 25 minutes after the final act finished. There were still vendors actively open for business inside the venue and plenty of people remained as we were exiting. Near the entry gate, an officer yelled at my friend that he could not take his cup of water (it was clear and easily visible that it was water) outside of the venue, then slapped it out of his hand as he tried to drink it. We kept moving towards the exit, and the same officer aggressively shoved my friend in the back and then did the same to me. I turned and told him to not do that. He immediately tackled me to the ground and tried to handcuff me. He positioned himself on by back where I couldn't physically get my hands behind my back. Despite my pleases that I couldn't get my arms behind my back, he applied pepper spray and slammed my head into the ground (leading to a concussion). My arms were pulled behind my back and I was cuffed.
My challenge is I only have one witness (my friend) and can't seem to find any surveillance video.
I spent the night in jail and was charged with trespassing and resisting arrest. It's my belief that the trespassing charge was used to justify the pepper spray and shouldn't hold up, but I'm not sure if both will get dropped. I have a continuance and plan to plea not guilty. Will I have to go to trial? Do I have any chance to counter for the emergency room costs? Any guidance/advice is greatly appreciated.
My friend and I were walking out the exit of a concert. It was about 25 minutes after the final act finished. There were still vendors actively open for business inside the venue and plenty of people remained as we were exiting. Near the entry gate, an officer yelled at my friend that he could not take his cup of water (it was clear and easily visible that it was water) outside of the venue, then slapped it out of his hand as he tried to drink it. We kept moving towards the exit, and the same officer aggressively shoved my friend in the back and then did the same to me. I turned and told him to not do that. He immediately tackled me to the ground and tried to handcuff me. He positioned himself on by back where I couldn't physically get my hands behind my back. Despite my pleases that I couldn't get my arms behind my back, he applied pepper spray and slammed my head into the ground (leading to a concussion). My arms were pulled behind my back and I was cuffed.
My challenge is I only have one witness (my friend) and can't seem to find any surveillance video.
I spent the night in jail and was charged with trespassing and resisting arrest. It's my belief that the trespassing charge was used to justify the pepper spray and shouldn't hold up, but I'm not sure if both will get dropped. I have a continuance and plan to plea not guilty. Will I have to go to trial? Do I have any chance to counter for the emergency room costs? Any guidance/advice is greatly appreciated.
Trespassing: Trespassing/Resisting Arrest
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