Resisting Arrest - A Real or Cover-Up Charge?
What is resisting arrest? Did you really do something wrong or might it be time to bring in a criminal defense attorney and civil rights lawyer to help you fight a bogus charge? Here is some background to help you understand what resisting arrest is, what actions on your part might lead to charges of resisting arrest, and what role criminal defense attorneys and civil rights lawyers might play in helping you fight a resisting arrest charge.
What is Resisting Arrest?
If you're suspected of a crime and taken into custody by the police you might be
faced with a situation of lawful arrest. Not all arrests are lawful and based
upon probable cause. Nevertheless, an attempt at resisting arrest can lead to an
addition charge. There is also the possibility that an overzealous police
officer might try to justify excessive force used against you by saying you were
resisting arrest. To understand the distinction between arrest and prosecution
for the legitimate charge of resisting arrest and the not-so-uncommon police
abuse scenario, it is important to know what actions constitute the crime.
Depending upon your jurisdiction, here are some examples of behavior that may
lead to charges of resisting arrest:
- Resisting arrest by attempting to elude or flee from a police officer on foot or by vehicle
- Resisting arrest by threatening a police officer with physical violence as s/he attempts to arrest you
- Resisting arrest by physically struggling as you're being restrained, handcuffed or put into the car
- Resisting arrest by physically attacking a police officer trying to arrest you
How a Resisting Arrest Charge can Affect Your Future
When a police officer has lawful grounds to place you under arrest, resisting
arrest is the last thing you should do. The best thing is to always comply with
the police officer's requests without any interference. Keep in mind, resisting
arrest can not only lead to additional charges filed against you but resisting
arrest might make you appear more guilty of the original crime you're being
charged with, regardless of whether or not you actually committed it.
When is it Time to Hire a Criminal Defense Attorney?
Although resisting arrest might not seem like a serious charge, you probably
want a criminal defense attorney on your site to help you fight it. Even if the
original charges against you are dropped or the prosecution fails to prove your
guilt beyond a reasonable doubt, being convicted of resisting arrest can put a
serious stain on your future by leading to a criminal record.
Why? Because in most situations, all that has to be established for you to get a resisting arrest conviction is that police had probable cause to take you into custody and you were resisting arrest in one of the ways we mentioned previously. A criminal defense attorney can help you prepare a defense that might save you from that permanent criminal record.
The Role of Civil Rights Lawyers in Resisting Arrest Cases
What if you weren't actually resisting arrest? What if you were resisting
arrest, but you were beaten by the police in the process? Perhaps a police
officer didn't like your attitude or the fact that s/he had to run to catch you
and decided to teach you a lesson. If this sounds like your resisting arrest
case, it might be time to hire a civil rights lawyer.
The bottom line is this: The police are not in a position to carry out their own sentences or inflict "personal justice" upon you, regardless of whether or not you were resisting arrest. As the U.S. Supreme Court has opined, the police are supposed to have "thick skin" and not respond unprofessionally to derogatory remarks and similar behavior. They may only use the reasonable force necessary to take you into custody and effectuate the arrest. If they use unnecessary force because you were resisting arrest (or to try to prevent you from resisting arrest), your rights may have been violated. A civil rights lawyer can help you figure that out and pursue the matter.
We don't advocate resisting arrest here at ResistingArrest.com, but we know there can be more than one side to the story and we want you to know what your options are if you ever find yourself facing a charge of resisting arrest. Let Resisting Arrest help you figure out whether your situation calls for a criminal defense attorney or civil rights lawyer, and help you understand the difference between resisting arrest and excessive force on the part of the police.