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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12603
Experience:  Experienced in multiple areas of the law.
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I have a court date tomorrow an officer. I was not

Customer Question

I have a court date tomorrow for obstructing an officer. I was not aggressive and have no priors. What do you think my sentences will be? I have a new job and cannot miss any more days of work, and am hoping it will just be a fine.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Text or email works- was hoping I could get a reply soon as I need to get some rest for the early court date
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

The crime of California resisting arrest is a misdemeanor. The penalties for resisting arrest may include up to one year in a county jail and/or a maximum $1,000 fine, and/or probation, though jail time is highly unlikely for a first offense if convicted, so you are likely looking at probation if convicted. Judges can set pretty much whatever terms they want for your probation, but they typically include things like a fine, court costs, community service, and of course staying out of any other legal trouble.

All of that said, the first court date is typically when the charge is read against you and you are asked to enter a plea. Since the state has the burden of proving your guilt, their is normally no benefit to just showing up and pleading guilty. You may want to give some thought to entering a not guilty plea and letting the court set the matter on their docket for a later date (you could always plead guilty later). The judge will normally then inquire if you have a lawyer or need a lawyer, and you can tell them you cannot afford a private attorney and request a public defender.

A lawyer can get any of the evidence the state has against you through a process known as discovery and give you an idea as to whether you have any legal defenses against the charge. Even if you don't, they can normally negotiate with the prosecutor to limit or reduce the penalties that a judge may impose (since a judge is inclined to go along with what the prosecutor recommends).

If you need clarification or additional information, please REPLY and I'll be happy to assist you. Thank you.