Sunday, February 7, 2010

As far as I know, this is a false charge of resisting arrest. Options? Clarification? Tips?

M was sentenced 5 yrs probation as a youthful offender. He didn't go for a very long time on account of smoking weed and not being concerned with it. He stopped, realizing that he didn't even like it, and was then arrested for violation of probation (valid, as he wasn't attending). He was arrested walking home from town, someone called in that they had spotted him (someone who was aware of the warrant for his arrest and recognized his face, but he was not made aware of that warrant prior to his arrest). He found out in court that in addition to the violation of probation charge (and with that, his original charges being retried), he was also being charged with resisting arrest.





Please let me know if I'm wrong (and if I am, how), but this is a completely false accusation. The police drove up to him with the flashing lights %26amp; sirens, and being that they were the only cars on the road and we were the only people, we stopped. They asked him if he was [his name], and he confirmed that he was. He acted in total compliance and complacency and was not even in the least bit resistant, didn't even give any attitude or anything, was nothing but respectful, as he could guess why he was being arrested and knew it to be justified. They asked him if he knew what it was about, and he said, ';I think so,'; as they were handcuffing him.





All they said to him was ask those two questions, and he was handcuffed and in the car. Then they hit him with resisting arrest. I don't even know how they plan to explain that away, but it sounds to me like an outright lie. (I don't see any particular reason for it, but that's not unheard of.) The problem is, whatever they say (if they even have to say anything), it's the officers' word against M's.





That's the situation. Give me whatever you got.As far as I know, this is a false charge of resisting arrest. Options? Clarification? Tips?
It would help if you named the state in which this occurred, because laws vary between states.





In PA, a person is guilty of resisting arrest if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.





In the charging document, also known as an information in some states, a brief sentence should describe the act and when it occurred. It is possible that the resisting occurred at an earlier time. In PA, the actions of the offender need only put the officers at substantial risk of bodily injury. We have a case where a fleeing suspect fled down a snowy embankment and crossed an icy river. The Superior court held that these actions put the officers at a substantial risk of injury when they followed him because they could have slipped or fell through the ice. Similarly, if an officer must cross a busy road to apprehend a fleeing suspect, this would be resisting, although simply fleeing usually is not in PA.





The key word in the PA statute is substantial. If in M's case, M is not a very large individual especially when compared to the police officers, then there is reasonable doubt as to whether two officers had to use substantial force. Additionally, your own testimony would confirm this. If M subpoenas you, you must appear to testify.





There may be other reasons for the charge. If it is merely a probation violation, he could more easily make bail. With an additional charge, his bail may go up and keep him locked up. His defense attorney may wish to quash the charges or file a habeas corpus petition, but that is up to M and his attorney. If M kicked a police officer after he was taken to jail, or tried to run away, this could be resisting arrest.As far as I know, this is a false charge of resisting arrest. Options? Clarification? Tips?
The only thing I could think of for resisting arrest is if the warrant was first issued if they had gone looking for him and he was somewhere and people lied for him or something saying he wasnt.
oh right so you deployed your eye ball to follow him all the way through the police arrest/custody process, right then
Resisting is the inlawful refusal to be taken into custody ( or surrender to the arrest). I do not see anything , in your statement, that would be unlawful. Once he is handcuffed and in the police car - then - he is arrested. If he would fight the police at that point - then he would be charged with assault or battery against an officer - not resisting arrest. It is not uncommon for officers to charge resisting or obstructing when somebody they have arrested ends up with bumps and bruises on them. (covers the officers a**) I would fight the charge - it seems (by your statement) to be a bogus charge.

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