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I received a letter from the court that a criminal complaint

 
Jim Reilly's Avatar
  • Answered by:Jim Reilly
  • Crim Defense Atty
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Customer Question

I received a letter from the court that a criminal complaint has been filed against me for resting a peace officer PC 148. Can a discussion with no physical contact constitute resitance? I told him that "I thought the ticket was a joke"?

 

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Country relating to Question: United States
State (if USA): California

Already Tried:
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Submitted: 351 days and 23 hours ago.
Category: Criminal Law
Value: $28
Status: CLOSED
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Expert:  Jim Reilly replied 351 days and 22 hours ago.

Hello mwb32ewe and welcome to JustAnswer.

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Other than telling the officer that the ticket was a joke, did you do anything to "resist, delay or obstruct" the officer in issuing the ticket (such as refusing to sign it).

A violation of PC 148, subd. (a)(1), (commonly referred to as "resisting") is defined as follows:

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

It is difficult to imagine how simply objecting to the issuance of the ticket, or stating it was a joke, without more, could possibly constitute "resisting".

On the other hand, if a complaint has been issued, that means a deputy district attorney has reviewed the police reports and determined that there is sufficient evidence to justify filing the charge. It would therefore be appropriate to consult with a local criminal defense attorney before going to court on this. If you cannot afford to retain private counsel, the court will appoint a public defender to represent you.

Just curious, in what county did this occur?

Thanks for asking your question here on JustAnswer. If you have any other questions about this situation, please let me know.

Customer replied 351 days and 22 hours ago.

There is much more to the story (see write up below) But excpet for telling the officers that the ticket for rolling through a stop sign was a joke I cannot come up with any resistance. After I told the officer that I would file a complaint he strated pulling me off the bike at which point I was stunned and follwed every direction they pushed me in for no apperent reason. So that connot be it.

 

Here is a write up on the incident:

On March 21st I bicycled together with my wife Dagmar Cueppers to work. This is a 12 mile ride from El Cerrito, where I live, to West Oakland. I have been commuting this way to work for the last 10 years. I am a Director in one of the largest costcrution companies on teh West Coast in teh Bay Area, a Licenesed Professional Engineer.

 

On the 21st on Mandela Parkway and 32nd street we saw a CHP car parked diagonally across the bicycle path just behind the intersection and we slowed down to approximately 4 mph steadily looking at the CHP car as it was not apparent what the situation was at the scene. We were concerned that we should not get too close to the scene. We slowly rolled through the intersection without completely stopping at the stop sign.

 

One of the officers then appeared from behind the vehicle and waved us towards him. We stopped behind his car and he asked us if we knew there was a stop sign. He asked for our drivers licenses. My wife didn't have hers with her and for a moment I thought I had forgotten mine as well. I mentioned that possibility to the officer but then remembered it could be in my back pack. I took my back pack off my back and put it in front of me on my handlebars opening my pack wide and while being observed by the officer was delighted to see my wallet. I handed my drivers license to the chp officer and after looking up my wife's information he started to write a ticket.

 

I said: you are not writing us a ticket are you? The officer responded I sure am. I will not let anybody go through his stop sign. I responded: "That is a f**king joke, we slowed down to almost a stop" (Please excuse the language but that is what I said) Then I explained: Do you know what happened to me right here in this area of Mandela Parkway when I stopped two years ago? Two men walked up to me and put a gun to my head and robbed my bike and back pack. Both officers now looked at me and one officer responded: "You should not be bicycling anyways." I said: you know what that's enough I am going to file a complaint against you. You are not providing a service to the public you are harassing bicyclists.

 

At this moment one of them walked back to me from his car got with his face as close as within an inch of my face while I was still sitting on my bicycle with my back pack on my handlebar and started yelling at me loudly. I could see his blood pounding in his head. Then he started pulling on my bike jersey without any verbal command what he wanted me to do. I said don't touch me and pulled back my arm. He said step off your bike and kept pulling on my jersey. I followed his request and tried to step off the bike when he pulled my back pack out of my hand while still pulling with the other hand on my jersey and threw my back pack against the wall behind him. I said : Hey there is an Ipad in there. He said, well there could be a gun in there. He kept pulling my arm and now the other officer took my left hand with that I was still holding my bike trying to carefully put it down as it is a brand new $5,000 bike. I was unable to lay the bike down carefully but had to let it fall on the ground. One officer pulled my right arm onto my back and up and the other twisted my left arm and wrist pulling it down. They pushed me with that motion to the ground. The pushing was light and almost seemed hesitant. When I was on the ground with my arms on my back the officer on my right side got more aggressive and abusive. The officer that was holding my right arm pushed me further down by pulling my hand hard back up behind my back while the other officer still had my arm twisted and pulled down. My back got twisted and I felt a strong pain in my back. Now the officer told me to get back up. When I tried I felt numbness in my right leg and a terrible pain in my back. I told the officer I can't get back up. They asked why and I responded back that my back was out. I was scared as I had a back injury a year ago and was affright it was now aggravated. I felt abused and helpless. (The entire scene described in this paragraph took maybe 20 seconds)

 

My wife was terrified and came to help me trying to ease my pain by stretching my leg but it did not help. The officers called an ambulance and it arrived together with a fire truck and the Oakland police as well as a supervisor. The EMT offered to help me onto the stretcher but any movement caused terrible pain. I finally got into the ambulance and was offered pain medication. I thought I could do without but shortly after changed my mind as the pain got worse. The EMT gave me morphine. The police officers kept running around the ambulance and repeatedly opened the door without any specific questions or instructions. The supervisor asked me what happened and I gave him a short statement. The EMT started to complain that she had never seen officers running behind an ambulance. She kept asking what they want and if they could make up their minds. She said they must be officers in training and that she could not believe what was happening. In the ER I was diagnosed with a lumbar sprain and contusion. The ER doctor was unable to get any reflexes in my right foot. I was prescribed Vicodin, muscle relaxants and anti inflammatories. I was also advised to see a specialist soon. The police did not show up in the hospital. The following week I saw a specialist and the diagnosis was confirmed. I received more Vicodin, muscle relaxants and anti inflammatories. I was advised not to bike for more than two hours for a while and go to physiotherapy for 6 weeks twice a week. I have to cancel my participation in Ironman St George in May that I had registered for more than a year ago.

Accepted Answer

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Expert:  Jim Reilly replied 351 days and 21 hours ago.

The biggest surprise in your situation is that these were CHP officers -- they are generally more professional than what you have described.

You are obviously an experienced bicyclist, so I'm sure you know that technically you are required to come to a complete stop at stop signs, the same as when driving a motor vehicle. And, the fact that you had a prior incident in which you were robbed when stopped does not relieve you of that obligation (particularly with police officers right there on this occasion).

That said, however, this sounds like a wildly over-reactive response on the part of the officers. What you did -- sometimes referred to as "contempt of cop" -- was probably not the best plan (rather than telling these officers what you planned to do, you should have just signed the ticket and then filed your complaint), but did not warrant the response you got from these guys.

Now, what may well be happening is that they submitted the case to the DA's office and the latter filed a complaint in an effort to avert possible civil liability for the injuries that you suffered.

You should consult with an experienced criminal defense attorney, as well as an experienced personal injury lawyer, to be sure that you are properly advised how to handle both the criminal and civil aspects of this situation.

Good luck with this and thanks again for asking your question here on JustAnswer.

Expert TypeCrim Defense Atty
Category: Criminal Law
Pos. Feedback: 99.7 %
Accepts: 936
Answered: 4/23/2012

Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.

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