tl;dr I'm trying to figure out how to manage expectations given the nature of The Law but frustrated that I have no real ability to seek "proper counsel" or respect (from/by) The Court without feeling like I'm being routinely/simultaneously infantilized/demonized. Happy to DM and not seeking legal advice, just trying to figure out how to cope within this hellish system.
I really ~Really~ ~REALLY~ appreciate what you do as I've had to (unfortunately) rely on the PDs multiple times because recidivism is real and jail was honestly my ticket out of abject poverty because the United States is kind of a nightmare rn.
That said, my prior charges were all misdemeanors and I was able to bond/negotiate out of most of them although that entire process of bail/plea is a whole different animal I have no idea how to even address because the entire structure is kind of set up to fail (and by fail I mean, y'know, make money -_- ).
I recently ran into two felony charges for ALLEGEDLY assaulting an officer which, admittedly occurred when they shackled my ankles and stepped on my shins as a very normal bodily reaction to being abused.
My lawyer straight up told me that it likely won't be dismissed outright because of the "technicality" whereas I contested that, definitionally, the statue/section code (in Virginia, at least) largely deals with intent (re: "knowing) and it was extremely unclear the line between detention/arrest, especially given the lack of Miranda Rights and I was handcuffed BEFORE officially charged other than "public intoxication" which, in my understanding, only warrants (lol) a fine, not an arrest by itself.
The whole concept of a magistrate/competency made the entire process dystopic considering how I also indicated I wanted a TDO (hospitalization) and instead of that, they opted to hold me in a "turtle suit" for about a week in effectively solitary which I'm pretty sure is a Human Rights Violation but also... the US doesn't believe in universal access to food sooooo...
I'm mostly irritated because I know that there is a delicate balance in professionalism with the Commonwealth Attorneys/judges but no one wants to rock the boat by calling out the obvious even if, as my lawyer admitted, the actions of the officers was/is ethically dubious at best.
It further bothers me that I am basically forced (I know I'm not ~really~ but the judges super don't like the flow interrupted with the attorneys are doing their job and the clients Have Opinions that Waste Time) to remain silent while the CX allows the cop to spin the story as they skip through HOURS of footage to indicate that, "See? Look, they TECHNICALLY hit them even if it's obvious (as my lawyer stated) I was in distress and clearly trying to defend/flee and not instigate".
Alas, this is more of a vent to try and get perspective because I have a lot of compassion and empathy for what y'all do and most people are barely able to keep their own story straight let alone understand the intricacies of the legal process/paperwork.
I'm waiting for the Grand Jury decision, and find it weird just ~how~ secretive it is and I find it odd that I'm not really "supposed" to be present during the proceedings whereas the lawyers and cops (or at least their buddies).
I hate how formulaic the process is where I'm used to academia promoting and being excited by curiosity and questions whereas The Law very much Does Not.
Thanks again for taking the time to be a guiding light for others, and genuinely hope to never have to experience anything legally again.
FWIW it appears that I'll be put on the Behavioral Health Docket so there's no real worry since I think the CA knows how bogus this case is and doesn't want to waste their time either. They were weird about making it into a Misdemeanor to just send it immediately to the lower courts instead of waiting for me to be indicted and just handle it in District Court which seems kind of morally sus/skeevy but w/e it could be worse.
You're going to want to go ahead and DM me.
As far as answering sort of publicly useful info here... you're in luck! I'm actually quite familiar with some of these laws.
I'll let you know that public intoxication is a weird semi-crime in Virginia. Despite not being punishable by jail time, it is actually a crime you can be arrested and held in jail for -- usually until sober. So they were allowed to cuff you and start the process.
As far as A+B LEO goes... A+B is such a broad crime that, essentially, the biggest test here is if what you did was volitional movement. You don't have to intend to hurt them. Even pushing them away can count as A+B LEO. I've had a client charged when the officer said "put out that cigarette" and he threw down the cigarette and the officer said it brushed their pant leg. The demands placed on arrestees by this law are utterly unreasonable and also not known by the general public.
With CWAs and judges, often the test of what they should do, in their minds, is limited to "Was this a violation of the law?" and not "Should this have been a violation of the law?" They're all familiar with the severity of the charge and the steep mandatory minimum, and CWAs especially ask "can I charge this" far more often than the related question "should I charge this." You may be overestimating the amount that they're sympathetic. In their eyes, officers are doing a dangerous job to keep the community safe and the Law Is The Law.
And a lot of people are surprised about grand jury. It's very closed off. The only legal advice they get is from the prosecutor. The officers are the only ones who testify, or their brief police reports are read to the grand jury. That's it. I'm not present either. There's a reason they joke that a grand jury would indict a ham sandwich.
I'm side-eyeing the BHD stuff a little but it's because of a procedural rule that I don't think I should really dig into publicly. Either you're misinterpreting something or your lawyer doesn't actually know how BHD works, either of which is very possible.
On the turtle suit... christ I'm sorry. That's a terrible thing to go through. There's a genuine problem there that I've seen happen a lot: jails will only start the process of a TDO if they feel they absolutely cannot handle the extent to which someone is "acting crazy." Beyond that, there is no mechanism whatsoever in Virginia law to send someone to a hospital instead of jail. A judge can't do it, an attorney can't make a motion for it to happen. The jail can, but when the TDO is over, the person goes back to the jail. Add on to that: the prosecutors won't want to agree to bond and will fight for someone to stay in jail if they're "a threat to themselves or others" because they have no fucking idea what it is to be stuck in that situation. The injustice of it fucking burns.