The Monmouth County trial is underway in the case of a woman who has accused Freehold Police of using excessive force while arresting her and her son last January.
On January 28, 2008, Migdalia Irizarry attended a basketball game in Freehold when a fight broke out. Irizarry testified that she told a Freehold police officer that night that the people responsible for starting the fight were not being arrested.
Freehold Police Officer Chris Colaner then allegedly approached Irizarry, cursed at her, and instructed her to return inside the school or else she would be arrested.
The next morning, Irizarry went to the Freehold Borough police headquarters to report the incident to Freehold Police Chief Mitch Roth. Irizarry left a message with Roth’s secretary but did not hear back from the Chief that day.
Later that night, Irizarry claims that (now Sergeant) Colaner pulled her over in the vicinity of South Street in Freehold Borough, and ordered her out of her vehicle without telling her why she had been stopped. Colaner then allegedly twisted Irizarry’s arm behind her back. Colaner then allegedly reached into the vehicle and punched Irizarry’s son, now 17 years old, who was screaming at Colaner to stop “disrespecting” his mother.
Irizarry and her son are now being tried for aggravated assault, resisting arrest and obstruction before Superior Court Judge Eugene A. Iadanza. The trial has been adjourned until October 27.
What Irizarry probably did not realize on the date of the incident is that you never have the right to resist arrest. You should always follow the instructions of a police officer at a traffic stop or during an arrest. You can challenge the validity of the arrest later in court. However, never give a statement to police without first consulting with an attorney. A criminal defendant’s own words frequently turn out to be the strongest evidence used against them at trial.
If you have been arrested or charged with a crime, contact an experienced Monmouth County criminal defense lawyer for a free consultation.