My friend was arrested last night for trespassing at a bar with his friends. When the bouncer found out he told them to stay put, but my friend just ran away. But somehow the cops knew about this and down the street a cop tackled him while he was running away, and the cop twisted his ankle. The cop was already investigating something else so obstruction of justice was added to trespassing and resisting arrest. What should he do? And what is the minimum and maximum sentence? Why would he be charged for resisting arrest if it was only a bouncer that told him to stay put?
Country relating to Question: United States
State (if USA): New York
Hi and thank you for using JustAnswer!I am sorry to learn of these circumstances. When the officer ordered your friend to stop running, did your friend stop running?
My brother was running away and he thought the bouncer was following him and said stop, not the cops. But when he saw a siren on a cop car that came after he just stopped and followed orders.
Thank you.Your brother is charged with obstruction of justice and resisting arrest because the officer told him to stop and your brother didn't stop, he kept running. That's how those charges came about.Your brother should hire a local criminal defense attorney to represent him in court. Have the attorney get a copy of the police reports, any video, witnesses statements, etc. and meet with the prosecutor to discuss possible plea agreements. If your brother cannot afford to hire an attorney, when he goes to court, he should ask for a court-appointed attorney to represent him.At this time, it's not possible to speculate what the possible outcomes will be. That will depend upon what the prosecutor says at the pre-trial meeting with your brother's lawyer. Once his lawyer has met with the prosecutor, the lawyer will explain what the possible options and consequences are. Right now, your brother's case is not at that stage of development to go down that road.These things have to be taken one step at a time.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. Please let me know if there is anything else I can provide to give you excellent service!"
Wait, what about the min/max sentences?
That cannot be calculated at this time because no one knows what charge(s) he will actually be pleading or found guilty to. And, it's possible that his attorney and the prosecutor can negotiate a plea to other charges and/or negotiate a sentence cap.This is why I earlier said: Right now, your brother's case is not at that stage of development to go down that road. These things have to be taken one step at a time.A charge is not a conviction. Far from it. At this juncture, anything is possible and everything is up for negotiation between the prosecutor and your brother's lawyer.I hope this helps to clarify the procedural stage of things.
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